filed with him and the proofs of claims must be open to the
inspection of all interested persons, the period of inspection to be not less
than 20 days. The notice shall be deemed an order of the State Engineer as to
the matters contained therein.

3. A copy of the notice, together with a printed copy
of the preliminary order of determination and a printed copy of the abstract of
proofs, must be delivered by the State Engineer, or sent by registered or
certified mail, at least 30 days before the first day of such period of
inspection, to each person who has appeared and filed proof, as provided in
this section.

4. The State Engineer shall be present at the time and
place designated in the notice and allow, during that period, any persons
interested to inspect such evidence and proof as have been filed with or taken
by him in accordance with this chapter.

Sec. 37. NRS 533.160 is hereby amended to
read as follows:

533.160 1. As soon as practicable after the hearing
of objections to the preliminary order of determination, the State Engineer
shall make and cause to be entered of record in his office an order of
determination, defining the several rights to the waters of the stream or
stream system. The order of determination, when filed with the clerk of the
district court as provided in NRS 533.165, [shall have]has the legal effect
of a complaint in a civil action.

2. The order of determination must be certified by the
State Engineer [and], who shall have printed as many copies of the order of determination as
required .[printed
in the State Printing Division of the Department of Administration.]
A copy of the order of determination must be sent by registered or certified
mail or delivered in person to each person who has filed proof of claim and to
each person who has become interested through intervention or through filing of
objections under the provisions of NRS 533.130 or 533.145.

Sec. 38. NRS 553.090 is hereby amended to
read as follows:

553.090 The Agricultural Extension Department of the Public
Service Division of the University and Community College System of Nevada
annually shall prepare the information resulting from the demonstration in a
form serviceable to aid and advance agricultural welfare of the State. [A]The Agricultural Extension
Department shall cause to be printed a number of copies thereof
as may be deemed necessary, not exceeding 10,000, [must be printed by the
State Printing Division of the Department Of Administration for free
distribution.]
and shall distribute the copies without charge.

Sec. 39. NRS 584.235 is hereby amended to
read as follows:

584.235 The Commission shall make uniform regulations
for the proper enforcement of NRS 584.215 to 584.285, inclusive. The
regulations must be printed [in the State Printing Division of the Department of
Administration] and distributed by the Commission upon
application therefor to licensed or other dairymen, creameries and other
persons interested in them.

Sec. 40. NRS 597.850 is hereby amended to
read as follows:

597.850 1. As used in this section and in NRS 597.860
and 597.870:

(a) Merchandise means any personal property, capable
of manual delivery, displayed, held or offered for sale by a merchant.

(b) Merchant means an owner or operator, and the
agent, consignee, employee, lessee, or officer of an owner or operator, of any
merchants premises.

(c) Premises means any establishment or part thereof
wherein merchandise is displayed, held or offered for sale.

2. Any merchant may request any person on his premises
to place or keep in full view any merchandise the person may have removed, or
which the merchant has reason to believe he may have removed, from its place of
display or elsewhere, whether for examination, purchase or for any other
purpose. No merchant is criminally or civilly liable on account of having made
such a request.

3. Any merchant who has reason to believe that
merchandise has been wrongfully taken by a person and that he can recover the
merchandise by taking the person into custody and detaining him may, for the
purpose of attempting to effect such recovery or for the purpose of informing a
peace officer of the circumstances of such detention, take the person into
custody and detain him, on the premises, in a reasonable manner and for a
reasonable length of time. A merchant is presumed to have reason to believe
that merchandise has been wrongfully taken by a person and that he can recover
the merchandise by taking the person into custody and detaining him if the
merchant observed the person concealing merchandise while on the premises. Such
taking into custody and detention by a merchant does not render the merchant
criminally or civilly liable for false arrest, false imprisonment, slander or
unlawful detention unless the taking into custody and detention are
unreasonable under all the circumstances.

4. No merchant is entitled to the immunity from
liability provided for in this section unless there is displayed in a
conspicuous place on his premises a notice in boldface type clearly legible and
in substantially the following form:

Any merchant or his agent who has reason to believe
that merchandise has been wrongfully taken by a person may detain such person
on the premises of the merchant for the purpose of recovering the property or
notifying a peace officer. An adult or the parents or legal guardian of a
minor, who steals merchandise is civilly liable for its value and additional
damages. NRS 597.850, 597.860 and 597.870.

[The notice must be prepared and copies thereof supplied on
demand by the Superintendent of the State Printing Division of the Department
of Administration. The Superintendent may charge a fee based on the cost for
each copy of the notice supplied to any person.]

Sec. 41. NRS 607.100 is hereby amended to
read as follows:

607.100 With the approval of the State Board of
Examiners, the Labor Commissioner [is authorized to]may compile and
issue such bulletins pertaining to labor and industries of the State as he may
deem necessary. [When approved for printing and distribution, the bulletins
must be printed by the State Printing Division of the Department of
Administration.]

AN ACT relating to higher
education; requiring the Board of Regents of the University of Nevada to ensure
that students enrolled in a program for the education of teachers are
instructed in the academic standards required for high school pupils; requiring
access to library facilities for students enrolled at an institution within the
University and Community College System of Nevada; specifying that a student at
a university or state college within the System completes a full course of
study for the issuance of a diploma of graduation from the System if he
satisfies the requirements for graduation and a degree as set forth in the
catalog of the university or state college that is in effect at the time of
enrollment or at the time of graduation, whichever the student elects; revising
the terms of office of members of the Board of Regents; revising provisions
regarding the degrees and transferability of credits earned within the System;
and providing other matters properly relating thereto.

[Approved: June 8, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
396 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 5, inclusive, of this act.

Sec. 2. The
Legislature hereby encourages the Board of Regents to review periodically their
mission for higher education, as the number of institutions within the System
expands and the focus of each institution is defined and further redefined, to
determine whether there is unnecessary duplication of programs or courses
within the System which might be more appropriate for a different institution.
The System is encouraged to review the core curriculum at each institution to
determine whether there is parity among the institutions of the System.

Sec. 3. The
Board of Regents shall, in cooperation with the State Board and the Council to
Establish Academic Standards for Public Schools, ensure that students enrolled
in a program developed by the System for the education of teachers are provided
instruction regarding the standards of content and performance required of
pupils enrolled in high schools in this State.

Sec. 5. A
student who is enrolled in a university, state college or community college
within the System must be granted access to all the library facilities that are
available to students enrolled in any of the institutions within the System and
must be adequately informed of the library services that are available.

Sec. 6. NRS 396.040 is hereby amended to read
as follows:

396.040 1. The Board of Regents consists of 13
members elected by the registered voters within the districts described in NRS
396.0415 to 396.046, inclusive.

2. The members of the Board of Regents must be elected
as follows:

(a) At the general election in [2002,]2008, and every [6]4 years thereafter,
one member of the Board of Regents must be elected from districts 2, 3, 5 and
10.

(b) At the general election in [2004,]2010, and every [6]4 years thereafter,
one member of the Board of Regents must be elected from districts 6, 7, 8, 11
and 13.

(c) At the general election in 2006, and every [6]4 years thereafter,
one member of the Board of Regents must be elected from districts 1, 4, 9 and
12.

3. Each member of the Board of Regents must be a
resident of the district from which he is elected.

Sec. 7. NRS 396.560 is
hereby amended to read as follows:

396.560 1. Upon the recommendation of a president of
a branch within the System, the Board of Regents shall issue to those who
worthily complete the full course of study in the school of mines or in the
school of agriculture, or in the school of liberal arts, or in any equivalent
course that may hereafter be prescribed, a diploma of graduation, conferring
the proper academic degree, from the System.

2. The Board of Regents shall not issue such a diploma
to a [person]student who has not completed the full course
of study as set forth in [subsection 1.] this section.

3. For
the purposes of this section, a student at a university or state college within
the System completes the full course of study for a diploma of graduation if,
in accordance with the policy of the Board of Regents, he satisfies the
requirements for graduation and a degree as set forth in the catalog of the
university or state college that is in effect at the time the student:

(a) First
enrolls in the university or state college or is admitted to the academic
program or department of the students major if the program or department has a
formal process for admitting students to the program or department; or

(b) Graduates,

Κ whichever the student elects. A
student who changes his major must elect the catalog of the year of the latest
change of the major or the year of graduation. A student may not elect a
catalog that is more than 10 years old at the time of his graduation.

Sec. 8. NRS 396.568 is hereby amended to read
as follows:

396.568 [In accordance with the policy of the
Board of Regents, all]

1. All credits
earned by a student in a course at a community college within the System,
including, without limitation, all credits earned in a course toward the award
of an associates degree [, including, without limitation, a degree of associate in
applied science, must be accepted and
applied] must automatically transfer toward the course work required of the
student in his major or minor, or other course work required of the student,
for the award of a baccalaureate degree upon graduation of the student from any
university or state college within the System .

applied] must automatically transfer toward
the course work required of the student in his major or minor, or other course
work required of the student, for the award of a baccalaureate degree upon
graduation of the student from any university or state college within the
System .[if
the catalog for the community college:

1. Designates
the course as transferable by the System;

2. Identifies
the course by the same title as the equivalent required course offered at a
university or state college, as applicable; and

3. Contains
the same description for the course as the equivalent required course offered
at a university or state college, as applicable.]

2. Pursuant to
the policy of the Board of Regents, a student who is awarded an associates
degree:

(a) Shall be
deemed to have completed the course of study required of a sophomore.

(b) If he
enrolls in another institution within the System, must be enrolled as a junior.

3. All credits
earned toward the completion of a degree of associate of arts, associate of
science or associate of business must automatically transfer toward the course
work required for the award of a baccalaureate degree upon the graduation of
the student from any university or college within the System.

Κ If the transfer of credit
pursuant to this section is denied and the student believes that the credit
should be applied to his degree, he may appeal the decision. The appeal process
must be made available to all students and may be posted on the website of the
System.

Sec. 9. If section 6 of this act becomes effective,
the members of the Board of Regents of the University of Nevada who are in
office on July 1, 2005, shall serve out the term of office for which they were
elected.

Sec. 10. If a committee related to higher education
is created by the Legislature, that committee is encouraged to participate in
any review conducted by the Board of Regents of the University of Nevada
pursuant to section 2 of this act and to report back to the Legislature on the
status of the review.

Sec. 11. 1. This section and sections 1 to 5,
inclusive, 8, 9 and 10 of this act become effective upon passage and approval.

2. Section 7 of this act
becomes effective on July 1, 2005.

3. Section 6 of this act becomes effective only if Assembly
Joint Resolution No. 11 of the 72nd Session of the Nevada Legislature is not
passed by the 73rd Session of the Nevada Legislature.

AN ACT relating to
education; revising provisions governing the review of applications to form
charter schools submitted for sponsorship by the State Board of Education; requiring the
Superintendent of Public Instruction to submit a report to the Legislature
concerning the applications to form charter schools that were submitted during
the preceding biennium; and providing other matters properly relating thereto.

State Board of
Education; requiring the Superintendent of Public Instruction to submit a
report to the Legislature concerning the applications to form charter schools
that were submitted during the preceding biennium; and providing other matters
properly relating thereto.

[Approved: June 8, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
386.525 is hereby amended to read as follows:

386.5251. Upon approval of an application by
the Department, a committee to form a charter school may submit the application
to the board of trustees of the school district in which the proposed charter
school will be located. If applicable, a committee may submit an application
directly to the Subcommittee on Charter Schools pursuant to subsection 4. If
the board of trustees of a school district receives an application to form a
charter school, it shall consider the application at a regularly scheduled
meeting that must be held not later than 30 days after the receipt of the
application, and ensure that notice of the meeting has been provided pursuant
to chapter 241 of NRS. The board of trustees, the Subcommittee on Charter
Schools or the State Board, as applicable, shall review an application to
determine whether the application:

(a) Complies with NRS 386.500 to 386.610, inclusive,
and the regulations applicable to charter schools; and

(b) Is complete in accordance with the regulations of
the Department.

2. The Department shall assist the board of trustees
of a school district in the review of an application. The board of trustees may
approve an application if it satisfies the requirements of paragraphs (a) and
(b) of subsection 1. The board of trustees shall provide written notice to the
applicant of its approval or denial of the application.

3. If the board of trustees denies an application, it
shall include in the written notice the reasons for the denial and the
deficiencies in the application. The applicant must be granted 30 days after
receipt of the written notice to correct any deficiencies identified in the
written notice and resubmit the application.

4. If the board of trustees denies an application
after it has been resubmitted pursuant to subsection 3, the applicant may
submit a written request for sponsorship by the State Board to the Subcommittee
on Charter Schools created pursuant to NRS 386.507 not more than 30 days after
receipt of the written notice of denial. If an applicant proposes to form a
charter school exclusively for the enrollment of pupils who receive special
education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may
submit the written request and application directly to the Subcommittee without
first seeking approval from the board of trustees of a school district. Any
request that is submitted pursuant to this subsection must be accompanied by
the application to form the charter school.

5. If the Subcommittee receives a request pursuant to
subsection 4, it shall hold a meeting to consider the request and the
application. The meeting must be held not later than 30 days after receipt of
the application. Notice of the meeting must be posted in accordance with
chapter 241 of NRS. The Subcommittee shall review the
application in accordance with the factors set forth in paragraphs (a) and (b)
of subsection 1.

Subcommittee shall review the application in accordance with
the factors set forth in paragraphs (a) and (b) of subsection 1. The
Subcommittee [shall]may approve an application if it satisfies the
requirements of paragraphs (a) and (b) of subsection 1.

6. The Subcommittee shall transmit the application and
the recommendation of the Subcommittee for approval or denial of the
application to the State Board. Not more than 14 days after the date of the
meeting of the Subcommittee pursuant to subsection 5, the State Board shall
hold a meeting to consider the recommendation of the Subcommittee. Notice of
the meeting must be posted in accordance with chapter 241 of NRS. The State
Board shall review the application in accordance with the factors set forth in
paragraphs (a) and (b) of subsection 1. The State Board [shall] may approve an
application if it satisfies the requirements of paragraphs (a) and (b) of
subsection 1. Not more than 30 days after the meeting, the State Board shall
provide written notice of its determination to the applicant.

7. If the State Board denies an application, it shall include
in the written notice the reasons for the denial and the deficiencies in the
application. The applicant must be granted 30 days after receipt of the written
notice to correct any deficiencies identified in the written notice and
resubmit the application.

8. If
the State Board denies [the application,]an application after it has been resubmitted pursuant to
subsection 7, the applicant may, not more than 30 days after the
receipt of the written notice from the State Board, appeal the final
determination to the district court of the county in which the proposed charter
school will be located.

9. On or before January 1 of each odd-numbered year, the
Superintendent of Public Instruction shall submit a written report to the
Director of the Legislative Counsel Bureau for transmission to the next regular
session of the Legislature. The report must include:

(a) A list of each application to form a charter
school that was submitted to the board of trustees of a school district or the
State Board during the immediately preceding biennium;

(b) The educational focus of each charter school for
which an application was submitted;

(c) The current status of the application; and

(d) If the
application was denied, the reasons for the denial.

Sec. 2. Section 1 of this act applies to each
application to form a charter school that is pending before the Subcommittee on
Charter Schools or the State Board of Education on and after the effective date
of this act, regardless of whether the application was submitted to the
Subcommittee or State Board before the effective date of this act.

Sec. 3. This act becomes effective upon passage and
approval.

________

CHAPTER 321, SB 304

Senate Bill No. 304Senator Beers

CHAPTER 321

AN ACT relating to
personal identifying information; authorizing the Attorney General to issue
identity theft passports to victims of identity theft; prescribing the manner
in which victims of identity theft may use such passports; requiring the Attorney
General to adopt regulations relating to the issuance of identity theft
passports; authorizing the Attorney General to accept gifts, grants and
donations to carry out the provisions relating to the issuance of identity
theft passports; making an appropriation; and providing other matters properly
relating thereto.

theft may use such
passports; requiring the Attorney General to adopt regulations relating to the
issuance of identity theft passports; authorizing the Attorney General to
accept gifts, grants and donations to carry out the provisions relating to the
issuance of identity theft passports; making an appropriation; and providing
other matters properly relating thereto.

[Approved: June 8, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 205 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. A person
who is a victim of identity theft in this State and who has filed with a law
enforcement agency a written report stating that the person is a victim of
identity theft may apply for an identity theft passport through any law
enforcement agency.

2. A law
enforcement agency that receives an application for an identity theft passport
shall submit the application and a copy of the written report described in
subsection 1 to the Attorney General for processing for issuance of an identity
theft passport.

3. The
Attorney General, in cooperation with any law enforcement agency, may issue an
identity theft passport to a person who is a victim of identity theft.

4. A person
who is issued an identity theft passport pursuant to subsection 3 may present
his identity theft passport to:

(a) A law
enforcement agency to help prevent the arrest or detention of the person for an
offense committed by another person using his personal identifying information;
or

(b) A creditor
to aid in the investigation of any fraudulent account that is opened in his
name or any fraudulent charge that is made against an account in his name.

5. The law
enforcement agency or creditor that is presented with an identity theft
passport pursuant to subsection 4 has sole discretion to accept or reject such
passport. In determining whether to accept or reject the identity theft
passport, the law enforcement agency or creditor may consider the surrounding
circumstances and available information regarding the identity theft of the
person.

6. An
application for an identity theft passport submitted pursuant to this section,
including any supporting documentation, is not a public record and no part of
it may be released except to a law enforcement agency in this or another state.

7. The Attorney
General may adopt regulations necessary to carry out the provisions of this
section.

8. The
Attorney General may accept gifts, grants and donations from any source for the
purpose of carrying out the provisions of this section.

9. As used in
this section:

(a) Identity
theft means a violation of the provisions of NRS 205.463, 205.464 or 205.465.

(b) Identity
theft passport means a card or certificate issued by the Attorney General that
identifies a person who has filed with a local or state law enforcement agency in the State of Nevada a signed written
crime report that he is a victim of an alleged crime of identity theft and,
except as otherwise provided in this section, must be given a reasonable
opportunity to prove to a law enforcement agency, creditor or other lawfully
interested person or governmental entity that he is the victim and not the
perpetrator of any alleged crime, breach of contract or other wrongdoing
normally associated with victims of the crime of identity theft.

law enforcement
agency in the State of Nevada a signed written crime report that he is a victim
of an alleged crime of identity theft and, except as otherwise provided in this
section, must be given a reasonable opportunity to prove to a law enforcement
agency, creditor or other lawfully interested person or governmental entity
that he is the victim and not the perpetrator of any alleged crime, breach of
contract or other wrongdoing normally associated with victims of the crime of
identity theft.

Sec. 2. NRS 205.461 is hereby amended to read
as follows:

205.461 As used in NRS 205.461 to 205.4657, inclusive, and section 1 of this act,
unless the context otherwise requires, the words and terms defined in NRS
205.4613 to 205.4627, inclusive, have the meanings ascribed to them in those
sections.

Sec. 3. 1. There is hereby appropriated from
the State General Fund to the Office of the Attorney General for expenses
relating to the implementation of section 1 of this act:

For the Fiscal Year 2005-2006.................................................................... $24,156

For the Fiscal Year 2006-2007.................................................................... $11,554

2. The sums appropriated by subsection 1 remaining at the
end of the respective fiscal years must not be committed for expenditure after
June 30 of the respective fiscal years and must be reverted to the State
General Fund on or before September 15, 2006, and September 21, 2007,
respectively.

Sec. 4. 1. This section becomes effective upon
passage and approval.

2. Sections 1 and 2 of this act become effective upon
passage and approval for the purposes of adopting regulations and on January 1,
2006, for all other purposes.

3. Section 3 of this act becomes effective on July 1, 2005.

________

CHAPTER 322, AB 254

Assembly Bill No. 254Assemblyman Claborn

CHAPTER 322

AN ACT relating to
industrial insurance; increasing the maximum amount of certain fines and
benefit penalties; expanding the list of prohibited acts for which a benefit
penalty may be imposed; and providing other matters properly relating thereto.

[Approved: June 8, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
616A.070 is hereby amended to read as follows:

616A.070 Benefit penalty means an additional amount
of money that is payable to a claimant if the Administrator has determined that
a violation of any of the provisions of paragraphs (a) to (e), inclusive, or (h) of subsection 1 of
NRS 616D.120 has occurred.

Sec. 2. NRS 616D.120 is hereby amended to
read as follows:

616D.120 1. Except as otherwise provided in this
section, if the Administrator determines that an insurer, organization for
managed care, health care provider, third-party administrator or employer has:

(a) Induced a claimant to fail to report an accidental
injury or occupational disease;

(b) Without justification, persuaded a claimant to:

(1) Settle for an amount which is less than
reasonable;

(2) Settle for an amount which is less than
reasonable while a hearing or an appeal is pending; or

(3) Accept less than the compensation found to
be due him by a hearing officer, appeals officer, court of competent
jurisdiction, written settlement agreement, written stipulation or the Division
when carrying out its duties pursuant to chapters 616A to 617, inclusive, of
NRS;

(c) Refused to pay or unreasonably delayed payment to a
claimant of compensation or other relief found to be due him by a hearing
officer, appeals officer, court of competent jurisdiction, written settlement
agreement, written stipulation or the Division when carrying out its duties
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the
refusal or delay occurs:

(1) Later than 10 days after the date of the
settlement agreement or stipulation;

(2) Later than 30 days after the date of the
decision of a court, hearing officer, appeals officer or the Division, unless a
stay has been granted; or

(3) Later than 10 days after a stay of the
decision of a court, hearing officer, appeals officer or the Division has been
lifted;

(d) Refused to process a claim for compensation
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

(e) Made it necessary for a claimant to initiate
proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS
for compensation or other relief found to be due him by a hearing officer,
appeals officer, court of competent jurisdiction, written settlement agreement,
written stipulation or the Division when carrying out its duties pursuant to
chapters 616A to 616D, inclusive, or chapter 617 of NRS;

(f) Failed to comply with the Divisions regulations
covering the payment of an assessment relating to the funding of costs of
administration of chapters 616A to 617, inclusive, of NRS;

(g) Failed to provide or unreasonably delayed payment
to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165;
or

(h) Intentionally failed to comply with any provision
of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C
or 617 of NRS,

Κ the
Administrator shall impose an administrative fine of [$1,000] $1,500 for each initial
violation, or a fine of [$10,000] $15,000 for a second or subsequent violation.

2. Except as otherwise provided in chapters 616A to
616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an
insurer, organization for managed care, health care provider, third-party
administrator or employer has failed to comply with any provision of this
chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted
pursuant thereto, the Administrator may take any of the following actions:

(a) Issue a notice of correction for:

(1) A minor violation, as defined by regulations
adopted by the Division; or

(2) A violation involving the payment of
compensation in an amount which is greater than that required by any provision
of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation
adopted pursuant thereto.

Κ The notice
of correction must set forth with particularity the violation committed and the
manner in which the violation may be corrected. The provisions of this section
do not authorize the Administrator to modify or negate in any manner a
determination or any portion of a determination made by a hearing officer,
appeals officer or court of competent jurisdiction or a provision contained in
a written settlement agreement or written stipulation.

(b) Impose an administrative fine for:

(1) A second or subsequent violation for which a
notice of correction has been issued pursuant to paragraph (a); or

(2) Any other violation of this chapter or
chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant
thereto, for which a notice of correction may not be issued pursuant to
paragraph (a).

Κ The fine
imposed must not be greater than [$250]$375 for an initial
violation, or more than [$1,000] $1,500 for any second or subsequent
violation.

(c) Order a plan of corrective action to be submitted
to the Administrator within 30 days after the date of the order.

3. If the Administrator determines that a violation of
any of the provisions of paragraphs (a) to (e), inclusive, or (h) of subsection 1 has occurred, the
Administrator shall order the insurer, organization for managed care, health
care provider, third-party administrator or employer to pay to the claimant a
benefit penalty in an amount that is not less than $5,000 and not greater than [$25,000.] $37,500. To determine the
amount of the benefit penalty, the Administrator shall consider the degree of
physical harm suffered by the injured employee or his dependents as a result of
the violation of paragraph (a), (b), (c), (d) ,[or]
(e) or (h) of
subsection 1, the amount of compensation found to be due the claimant and the
number of fines and benefit penalties previously imposed against the insurer,
organization for managed care, health care provider, third-party administrator
or employer pursuant to this section. If this is the third violation within 5
years for which a benefit penalty has been imposed against the insurer,
organization for managed care, health care provider, third-party administrator
or employer, the Administrator shall also consider the degree of economic harm
suffered by the injured employee or his dependents as a result of the violation
of paragraph (a), (b), (c), (d) ,[or] (e) or (h) of subsection 1. Except as otherwise
provided in this section, the benefit penalty is for the benefit of the
claimant and must be paid directly to him within 10 days after the date of the
Administrators determination. If the claimant is the injured employee and he
dies before the benefit penalty is paid to him, the benefit penalty must be
paid to his estate. Proof of the payment of the benefit penalty must be
submitted to the Administrator within 10 days after the date of his
determination unless an appeal is filed pursuant to NRS 616D.140. Any
compensation to which the claimant may otherwise be entitled pursuant to
chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by
the amount of any benefit penalty received pursuant to this subsection.

4. In addition to any fine or benefit penalty imposed
pursuant to this section, the Administrator may assess against an insurer who
violates any regulation concerning the reporting of
claims expenditures or premiums received that are used to calculate an assessment,
an administrative penalty of up to twice the amount of any underpaid
assessment.

regulation concerning the reporting of claims expenditures or
premiums received that are used to calculate an assessment, an administrative
penalty of up to twice the amount of any underpaid assessment.

5. If:

(a) The Administrator determines that a person
has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240,
616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

(b) The Fraud Control Unit for Industrial Insurance of
the Office of the Attorney General established pursuant to NRS 228.420 notifies
the Administrator that the Unit will not prosecute the person for that
violation,

Κ the
Administrator shall impose an administrative fine of not more than [$10,000.] $15,000.

6. Two or more fines of $1,000 or more imposed in 1
year for acts enumerated in subsection 1 must be considered by the Commissioner
as evidence for the withdrawal of:

(a) A certificate to act as a self-insured employer.

(b) A certificate to act as an association of self-insured
public or private employers.

(c) A certificate of registration as a third-party
administrator.

7. The Commissioner may, without complying with the
provisions of NRS 616B.327 or 616B.431, withdraw the certification of a
self-insured employer, association of self-insured public or private employers
or third-party administrator if, after a hearing, it is shown that the
self-insured employer, association of self-insured public or private employers
or third-party administrator violated any provision of subsection 1.

________

CHAPTER 323, AB 345

Assembly Bill No. 345Assemblyman Perkins

CHAPTER 323

AN ACT relating to
peace officers; repealing a provision concerning the retirement of inspectors
of the State Department of Agriculture; expanding the membership of the Peace
Officers Standards and Training Commission; and providing other matters
properly relating thereto.

[Approved: June 8, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS
289.290 is hereby amended to read as follows:

289.290 1. A person designated by the Director of the
State Department of Agriculture as a field agent or an inspector pursuant to
subsection 2 of NRS 561.225 has the powers of a peace officer to make investigations
and arrests and to execute warrants of search and seizure, and may temporarily
stop a vehicle in the enforcement of the provisions of titles 49 and 50 of NRS
and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS.

2. An officer appointed by the Nevada Junior Livestock
Show Board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the
buildings and the approaches thereto of the livestock shows and exhibitions
that the Board conducts.

preservation of order and peace on the grounds and in the
buildings and the approaches thereto of the livestock shows and exhibitions
that the Board conducts.

3. In carrying out the provisions of chapter 565 of NRS, an
inspector of the State Department of Agriculture has the powers of a peace
officer to make investigations and arrests and to execute warrants of search
and seizure. [The provisions of this subsection do not authorize any
inspector to retire under the Public Employees Retirement System before having
attained the minimum service age of 60 years.]

Sec. 2. NRS 289.500 is hereby amended
to read as follows:

289.500 1. The Peace Officers Standards and Training
Commission, consisting of [seven]nine members appointed by the Governor, is
hereby created. The Governor shall appoint:

(a) [One member]Two members from Clark County[;] , one of whom must be from a
metropolitan police department created pursuant to chapter 280 of NRS if one
exists in Clark County;

(b) One member from Washoe County;

(c) [Two] Three members from counties other than Clark
and Washoe Counties;

(d) One member from a state law enforcement agency that
primarily employs peace officers required to receive training as category I
peace officers;

(e) One member who is a category II peace officer; and

(f) One member who is a category III peace officer.

2. Members of the Commission serve terms of 2 years.
Members serve without compensation, but are entitled to the per diem allowance
and travel expenses provided by law for state officers and employees generally.

3. The Governor shall make the appointments to the
Commission from recommendations submitted by Clark County, Washoe County,
professional organizations of sheriffs and police chiefs of this State and
employee organizations that represent only peace officers of this State who are
certified by the Commission.

Sec. 3. Notwithstanding the provisions of subsection
2 of NRS 289.500, the Governor shall appoint the additional members added to
the Peace Officers Standards and Training Commission pursuant to section 2 of
this act to initial terms ending on July 1, 2006.

AN ACT relating to
crimes; prohibiting the abuse, neglect, exploitation or isolation of a
vulnerable person; requiring the report of the abuse, neglect, exploitation or
isolation of a vulnerable person by certain persons; revising the provisions
pertaining to the persons who are required to report the abuse, neglect,
exploitation or isolation of an older person; providing penalties; and
providing other matters properly relating thereto.

193.167 1. Except as otherwise provided in NRS
193.169, any person who commits the crime of:

(a) Murder;

(b) Attempted murder;

(c) Assault;

(d) Battery;

(e) Kidnapping;

(f) Robbery;

(g) Sexual assault;

(h) Embezzlement of money or property of a value of
$250 or more;

(i) Obtaining money or property of a value of $250 or
more by false pretenses; or

(j) Taking money or property from the person of
another,

Κ against any
person who is 60 years of age or older or against a vulnerable person shall be
punished by imprisonment in the county jail or state prison, whichever applies,
for a term equal to and in addition to the term of imprisonment prescribed by
statute for the crime. The sentence prescribed by this subsection must run
consecutively with the sentence prescribed by statute for the crime.

2. Except as otherwise provided in NRS 193.169, any
person who commits a criminal violation of the provisions of chapter 90 or 91
of NRS against any person who is 60 years of age or older or against a vulnerable person shall be
punished by imprisonment in the county jail or state prison, whichever applies,
for a term equal to and in addition to the term of imprisonment prescribed by
statute for the criminal violation. The sentence prescribed by this subsection
must run consecutively with the sentence prescribed by statute for the criminal
violation.

3. This section does not create any separate offense
but provides an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.

4.As
used in this section, vulnerable person has the meaning ascribed to it in
subsection 7 of NRS 200.5092.

Sec. 2. Chapter 200 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Any person who is described in subsection 3 and
who, in his professional or occupational capacity, knows or has reasonable
cause to believe that a vulnerable person has been abused, neglected, exploited
or isolated shall:

(a) Report the abuse, neglect, exploitation or
isolation of the vulnerable person to a law enforcement agency;

(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the vulnerable person has been abused,
neglected, exploited or isolated.

2. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that the
abuse, neglect, exploitation or isolation
of the vulnerable person involves an act or omission of a law enforcement
agency, the person shall make the report to a law enforcement agency other than
the one alleged to have committed the act or omission.

exploitation or isolation of the vulnerable person involves an
act or omission of a law enforcement agency, the person shall make the report
to a law enforcement agency other than the one alleged to have committed the
act or omission.

3. A report must be made pursuant to subsection 1 by
the following persons:

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse counselor,
athletic trainer, driver of an ambulance, advanced emergency medical technician
or other person providing medical services licensed or certified to practice in
this State, who examines, attends or treats a vulnerable person who appears to
have been abused, neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect, exploitation or
isolation of a vulnerable person by a member of the staff of the hospital.

(c) A coroner.

(d) Every person who maintains or is employed by an
agency to provide nursing in the home.

(e) Any employee of the Department of Human Resources.

(f) Any employee of a law enforcement agency or an
adult or juvenile probation officer.

(g) Any person who maintains or is employed by a
facility or establishment that provides care for vulnerable persons.

(h) Any person who maintains, is employed by or serves
as a volunteer for an agency or service which advises persons regarding the
abuse, neglect, exploitation or isolation of a vulnerable person and refers
them to persons and agencies where their requests and needs can be met.

(i) Every social worker.

(j) Any person who owns or is employed by a funeral
home or mortuary.

4. A report may be made by any other person.

5. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that a
vulnerable person has died as a result of abuse, neglect or isolation, the
person shall, as soon as reasonably practicable, report this belief to the
appropriate medical examiner or coroner, who shall investigate the cause of
death of the vulnerable person and submit to the appropriate local law
enforcement agencies and the appropriate prosecuting attorney his written
findings. The written findings must include the information required pursuant
to the provisions of NRS 200.5094, when possible.

6. A law enforcement agency which receives a report
pursuant to this section shall immediately initiate an investigation of the
report.

7. A person
who knowingly and willfully violates any of the provisions of this section is
guilty of a misdemeanor.

Sec. 3. NRS 200.5091 is hereby amended to
read as follows:

200.5091 It is the policy of this State to provide for
the cooperation of law enforcement officials, courts of competent jurisdiction
and all appropriate state agencies providing human services in identifying the
abuse, neglect, exploitation and isolation of older
persons and vulnerable persons through the complete reporting of abuse,
neglect, exploitation and isolation of older persons [.]

neglect, exploitation and isolation of older persons and vulnerable persons through
the complete reporting of abuse, neglect, exploitation and isolation of older
persons[.] and vulnerable persons.

Sec. 4. NRS 200.5092 is hereby amended to
read as follows:

200.5092 As used in NRS 200.5091 to 200.50995,
inclusive, and section 2 of this
act unless the context otherwise requires:

1. Abuse means willful and unjustified:

(a) Infliction of pain, injury or mental anguish on an
older person[;]or a vulnerable person; or

(b) Deprivation of food, shelter, clothing or services
which are necessary to maintain the physical or mental health of an older
person[.] or a vulnerable person.

2. Exploitation means any act taken by a person who
has the trust and confidence of an older person or a vulnerable person or any use of the power
of attorney or guardianship of an older person or a vulnerable person to:

(a) Obtain control, through deception, intimidation or
undue influence, over the older persons or vulnerable persons money, assets or
property with the intention of permanently depriving the older person or vulnerable person of
the ownership, use, benefit or possession of his money, assets or property; or

(b) Convert money, assets or property of the older
person or vulnerable person with
the intention of permanently depriving the older person or vulnerable person of the ownership, use,
benefit or possession of his money, assets or property.

Κ As used in
this subsection, undue influence does not include the normal influence that
one member of a family has over another.

3. Isolation means willfully, maliciously and
intentionally preventing an older person or a vulnerable person from having contact
with another person by:

(a) Intentionally preventing the older person or vulnerable person from
receiving his visitors, mail or telephone calls, including, without limitation,
communicating to a person who comes to visit the older person or vulnerable person or a person
who telephones the older person or
vulnerable person that the older person or vulnerable person is not present or does
not want to meet with or talk to the visitor or caller knowing that the
statement is false, contrary to the express wishes of the older person or vulnerable person and
intended to prevent the older person or vulnerable person from having contact with
the visitor; or

(b) Physically restraining the older person or vulnerable person to
prevent the older person or
vulnerable person from meeting with a person who comes to visit
the older person[.] or vulnerable person.

Κ The term
does not include an act intended to protect the property or physical or mental
welfare of the older person or
vulnerable person or an act performed pursuant to the
instructions of a physician of the older person[.] or vulnerable person.

4. Neglect means the failure of:

(a) A person who has assumed legal responsibility or a
contractual obligation for caring for an older person or a vulnerable person or who has voluntarily
assumed responsibility for his care to provide food, shelter, clothing or
services which are necessary to maintain the physical or mental health of the
older person[;]or vulnerable person; or

(b) An older person or a vulnerable person to provide for his own
needs because of inability to do so.

5. Older person means a person who is 60 years of
age or older.

6. Protective services means services the purpose of
which is to prevent and remedy the abuse, neglect, exploitation and isolation
of older persons. The services may include investigation, evaluation,
counseling, arrangement and referral for other services and assistance.

7. Vulnerable
person means a person 18 years of age or older who:

(a) Suffers
from a condition of physical or mental incapacitation because of a
developmental disability, organic brain damage or mental illness; or

(b) Has one or
more physical or mental limitations that restrict the ability of the person to
perform the normal activities of daily living.

Sec. 5. NRS 200.5093 is
hereby amended to read as follows:

200.5093 1. Any person who is described in subsection
4 and who, in his professional or occupational capacity, knows or has
reasonable cause to believe that an older person has been abused, neglected,
exploited or isolated shall:

(a) Except as otherwise provided in subsection 2,
report the abuse, neglect, exploitation or isolation of the older person to:

(1) The local office of the Aging Services
Division of the Department of Human Resources;

(2) A police department or sheriffs office;

(3) The countys office for protective services,
if one exists in the county where the suspected action occurred; or

(4) A toll-free telephone service designated by the
Aging Services Division of the Department of Human Resources; and

(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the older person has been abused, neglected,
exploited or isolated.

2. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that the
abuse, neglect, exploitation or isolation of the older person involves an act
or omission of the Aging Services Division, another division of the Department
of Human Resources or a law enforcement agency, the person shall make the
report to an agency other than the one alleged to have committed the act or
omission.

3. Each agency, after reducing a report to writing,
shall forward a copy of the report to the Aging Services Division of the
Department of Human Resources.

4. A report must be made pursuant to subsection 1 by
the following persons:

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse counselor,
athletic trainer, driver of an ambulance, advanced emergency medical technician
or other person providing medical services licensed or certified to practice in
this State, who examines, attends or treats an older person who appears to have
been abused, neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect,
exploitation or isolation of an older person by a member of the staff of the
hospital.

notification of the suspected abuse, neglect, exploitation or
isolation of an older person by a member of the staff of the hospital.

(c) A coroner.

(d) [Every clergyman, practitioner of Christian Science or
religious healer, unless he acquired the knowledge of abuse, neglect,
exploitation or isolation of the older person from the offender during a
confession.

(e)]
Every person who maintains or is employed by an agency to provide nursing in
the home.

[(f) Every attorney, unless he has acquired the knowledge of
abuse, neglect, exploitation or isolation of the older person from a client who
has been or may be accused of such abuse, neglect, exploitation or isolation.

(g)] (e) Any employee of the
Department of Human Resources.

[(h)] (f) Any employee of a law enforcement agency
or a countys office for protective services or an adult or juvenile probation
officer.

[(i)] (g) Any person who maintains or is employed
by a facility or establishment that provides care for older persons.

[(j)] (h) Any person who maintains, is employed by
or serves as a volunteer for an agency or service which advises persons
regarding the abuse, neglect, exploitation or isolation of an older person and
refers them to persons and agencies where their requests and needs can be met.

[(k)] (i) Every social worker.

[(l)] (j) Any person who owns or is employed by a
funeral home or mortuary.

5. A report may be made by any other person.

6. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that an older
person has died as a result of abuse, neglect or isolation, the person shall,
as soon as reasonably practicable, report this belief to the appropriate
medical examiner or coroner, who shall investigate the cause of death of the
older person and submit to the appropriate local law enforcement agencies, the
appropriate prosecuting attorney and the Aging Services Division of the
Department of Human Resources his written findings. The written findings must
include the information required pursuant to the provisions of NRS 200.5094,
when possible.

7. A division, office or department which receives a
report pursuant to this section shall cause the investigation of the report to
commence within 3 working days. A copy of the final report of the investigation
conducted by a division, office or department, other than the Aging Services
Division of the Department of Human Resources, must be forwarded to the Aging
Services Division within 90 days after the completion of the report.

8. If the investigation of a report results in the
belief that an older person is abused, neglected, exploited or isolated, the
Aging Services Division of the Department of Human Resources or the countys
office for protective services may provide protective services to the older
person if he is able and willing to accept them.

9. A person who knowingly and willfully violates any of the
provisions of this section is guilty of a misdemeanor.

Sec. 6. NRS 200.5094 is hereby amended to
read as follows:

200.5094 1. A person may make a report pursuant to
NRS 200.5093 or section 2 of this
act by telephone or, in light of all the surrounding facts and
circumstances which are known or which reasonably should be known to the person
at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under
those facts and circumstances, is a reliable and swift means of communicating
information to the person who receives the report.

communication that a reasonable person would believe, under
those facts and circumstances, is a reliable and swift means of communicating
information to the person who receives the report. If the report is made
orally, the person who receives the report must reduce it to writing as soon as
reasonably practicable.

2. The report must contain the following information,
when possible:

(a) The name and address of the older person[;] or vulnerable person;

(b) The name and address of the person responsible for
his care, if there is one;

(c) The name and address, if available, of the person
who is alleged to have abused, neglected, exploited or isolated the older
person[;] or vulnerable person;

(d) The nature and extent of the abuse, neglect,
exploitation or isolation of the older person[;] or vulnerable person;

(e) Any evidence of previous injuries; and

(f) The basis of the reporters belief that the older
person or vulnerable person has
been abused, neglected, exploited or isolated.

Sec. 7. NRS 200.5095 is hereby amended to
read as follows:

200.5095 1. Reports made pursuant to NRS 200.5093 and
200.5094, and section 2 of this
act, and records and investigations relating to those reports,
are confidential.

2. A person, law enforcement agency or public or
private agency, institution or facility who willfully releases data or
information concerning the reports and investigation of the abuse, neglect,
exploitation or isolation of older persons[,]or vulnerable persons, except:

(a) Pursuant to a criminal prosecution;

(b) Pursuant to NRS 200.50982; or

(c) To persons or agencies enumerated in subsection 3
of this section,

Κ is guilty of
a misdemeanor.

3. Except as otherwise provided in subsection 2 and
NRS 200.50982, data or information concerning the reports and investigations of
the abuse, neglect, exploitation or isolation of an older person or a vulnerable person is
available only to:

(a) A physician who is providing care to an older
person or a vulnerable person who
may have been abused, neglected, exploited or isolated;

(b) An agency responsible for or authorized to
undertake the care, treatment and supervision of the older person[;] or vulnerable person;

(c) A district attorney or other law enforcement
official who requires the information in connection with an investigation of
the abuse, neglect, exploitation or isolation of the older person[;] or vulnerable person;

(d) A court which has determined, in camera, that
public disclosure of such information is necessary for the determination of an
issue before it;

(e) A person engaged in bona fide research, but the
identity of the subjects of the report must remain confidential;

(f) A grand jury upon its determination that access to
such records is necessary in the conduct of its official business;

(g) Any comparable authorized person or agency in
another jurisdiction;

(h) A legal guardian of the older person[,]or vulnerable person, if
the identity of the person who was responsible for reporting the alleged abuse,
neglect, exploitation or isolation of the older person or vulnerable person to the public agency is
protected, and the legal guardian of the older person or vulnerable person is
not the person suspected of such abuse, neglect, exploitation or isolation;

vulnerable
person is not the person suspected of such abuse, neglect,
exploitation or isolation;

(i) If the older person or vulnerable person is deceased, the executor
or administrator of his estate, if the identity of the person who was
responsible for reporting the alleged abuse, neglect, exploitation or isolation
of the older person or vulnerable
person to the public agency is protected, and the executor or
administrator is not the person suspected of such abuse, neglect, exploitation
or isolation; or

(j) The older person or vulnerable person named in the report as
allegedly being abused, neglected, exploited or isolated, if that person is not
legally incompetent.

4. If the person who is reported to have abused,
neglected, exploited or isolated an older person or a vulnerable person is the holder of a
license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive,
or 654 of NRS, information contained in the report must be submitted to the
board that issued the license.

Sec. 8. NRS 200.50955 is hereby amended to
read as follows:

200.50955 A law enforcement agency shall promptly seek
to obtain a warrant for the arrest of any person the agency has probable cause
to believe is criminally responsible for the abuse, neglect, exploitation or
isolation of an older person[.] or a vulnerable person.

Sec. 9. NRS 200.5096 is hereby amended to
read as follows:

200.5096 Immunity from civil or criminal liability
extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, and section 2 of this act, in
good faith:

1. Participates in the making of a report;

2. Causes or conducts an investigation of alleged
abuse, neglect, exploitation or isolation of an older person[;]or a vulnerable person; or

3. Submits information contained in a report to a
licensing board pursuant to subsection 4 of NRS 200.5095.

Sec. 10. NRS 200.5097 is hereby amended to
read as follows:

200.5097 In any proceeding resulting from a report
made or action taken pursuant to NRS 200.5091 to 200.50995, inclusive, and section 2 of this act, or
in any other proceeding, the report or its contents or any other fact related
thereto or to the condition of the older person or vulnerable person who is the subject of the
report may not be excluded on the ground that the matter would otherwise be
privileged against disclosure under chapter 49 of NRS.

Sec. 11. NRS 200.50982 is hereby amended to
read as follows:

200.50982 The provisions of NRS 200.5091 to 200.50995,
inclusive, and section 2 of this
act, do not prohibit an agency which is investigating a report of
abuse, neglect, exploitation or isolation, or which provides protective
services, from disclosing data or information concerning the reports and
investigations of the abuse, neglect, exploitation or isolation of an older
person or a vulnerable person to
other federal, state or local agencies or the legal representatives of the
older person or vulnerable person on
whose behalf the investigation is being conducted if:

1. The agency making the disclosure determines that
the disclosure is in the best interest of the older person[;]or vulnerable person; and

2. Proper safeguards are taken to ensure the
confidentiality of the information.

200.5099 1. Except as otherwise provided in
subsection 6, any person who abuses an older person or a vulnerable person is guilty:

(a) For the first offense, of a gross misdemeanor; or

(b) For any subsequent offense or if the person has
been previously convicted of violating a law of any other jurisdiction that
prohibits the same or similar conduct, of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 6 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about the
abuse.

2. Except as otherwise provided in subsection 7, any
person who has assumed responsibility, legally, voluntarily or pursuant to a
contract, to care for an older person or a vulnerable person and who:

(b) Permits or allows the older person or vulnerable person to
suffer unjustifiable physical pain or mental suffering; or

(c) Permits or allows the older person or vulnerable person to be
placed in a situation where the older person or vulnerable person may suffer physical pain
or mental suffering as the result of abuse or neglect,

Κ is guilty of
a gross misdemeanor unless a more severe penalty is prescribed by law for the
act or omission which brings about the abuse or neglect.

3. Except as otherwise provided in subsection 4, any
person who exploits an older person or a vulnerable person shall be punished, if the value of
any money, assets and property obtained or used:

(a) Is less than $250, for a misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a fine of not
more than $2,000, or by both fine and imprisonment;

(b) Is at least $250, but less than $5,000, for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 10 years, or by a fine of
not more than $10,000, or by both fine and imprisonment; or

(c) Is $5,000 or more, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years, or by a fine of not more than
$25,000, or by both fine and imprisonment,

Κ unless a
more severe penalty is prescribed by law for the act which brought about the
exploitation. The monetary value of all of the money, assets and property of
the older person or vulnerable
person which have been obtained or used, or both, may be combined
for the purpose of imposing punishment for an offense charged pursuant to this
subsection.

4. If a person exploits an older person or a vulnerable person and
the monetary value of any money, assets and property obtained cannot be
determined, the person shall be punished for a gross misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a fine of not
more than $2,000, or by both fine and imprisonment.

5. Any person who isolates an older person or a vulnerable person is
guilty:

(a) For the first offense, of a gross misdemeanor; or

(b) For any subsequent offense, of a category B felony
and shall be punished by imprisonment in the state prison for a minimum term of
not less than 2 years and a maximum term of not more than
10 years, and may be further punished by a fine of not more than $5,000.

than 2 years and a maximum term of not more than 10 years,
and may be further punished by a fine of not more than $5,000.

6. A person who violates any provision of subsection
1, if substantial bodily or mental harm or death results to the older person[,]or vulnerable person, is
guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 2 years and a maximum term of
not more than 20 years, unless a more severe penalty is prescribed by law for
the act or omission which brings about the abuse.

7. A person who violates any provision of subsection
2, if substantial bodily or mental harm or death results to the older person[,]or vulnerable person, shall
be punished for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 6
years, unless a more severe penalty is prescribed by law for the act or
omission which brings about the abuse or neglect.

8. In addition to any other penalty imposed against a
person for a violation of any provision of NRS 200.5091 to 200.50995,
inclusive, the court shall order the person to pay restitution.

9. As used in this section:

(a) Allow means to take no action to prevent or stop
the abuse or neglect of an older person or a vulnerable person if the person knows or
has reason to know that the older person or vulnerable person is being abused or
neglected.

(b) Permit means permission that a reasonable person
would not grant and which amounts to a neglect of responsibility attending the
care and custody of an older person[.] or a vulnerable person.

(c) Substantial mental harm means an injury to the
intellectual or psychological capacity or the emotional condition of an older
person or a vulnerable person as
evidenced by an observable and substantial impairment of the ability of the
older person or vulnerable person to
function within his normal range of performance or behavior.

Sec. 13. NRS 200.50995 is hereby amended to
read as follows:

200.50995 A person who conspires with another to
commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS
200.5099 shall be punished:

1. For the first offense, for a gross misdemeanor.

2. For the second and all subsequent offenses, for a
category C felony as provided in NRS 193.130.

Κ Each person
found guilty of such a conspiracy is jointly and severally liable for the
restitution ordered by the court pursuant to NRS 200.5099 with each other
person found guilty of the conspiracy.

Sec. 14. NRS 207.014 is hereby amended to
read as follows:

207.014 1. A person who:

(a) Has been convicted in this State of any felony
committed on or after July 1, 1995, of which fraud or intent to defraud is an
element; and

(b) Has previously been two times convicted, whether in
this State or elsewhere, of any felony of which fraud or intent to defraud is
an element before the commission of the felony under paragraph (a) of this
subsection,

Κ is a
habitually fraudulent felon and shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 5 years
and a maximum term of not more than 20 years, if the victim of each offense was
an older person ,[or]a mentally disabled person or a vulnerable person.

2. The prosecuting attorney shall include a count
under this section in any information or shall file a notice of habitually
fraudulent felon if an indictment is found, if the prior convictions and the
alleged offense committed by the accused are felonies of which fraud or intent
to defraud is an element and the victim of each offense was:

(a) An older person; [or]

(b) A mentally disabled
person [.]; or

(c) A
vulnerable person.

3. The trial judge may not dismiss a count under this
section that is included in an indictment or information.

4. As used in this section:

(a) Mentally disabled person means a person who has a
mental impairment which is medically documented and substantially limits one or
more of the persons major life activities. The term includes, but is not
limited to, a person who:

(1) Is mentally retarded;

(2) Suffers from a severe mental or emotional
illness;

(3) Has a severe learning disability; or

(4) Is experiencing a serious emotional crisis
in his life as a result of the fact that he or a member of his immediate family
has a catastrophic illness.

(b) Older person means a person who is:

(1) Sixty-five years of age or older if the
crime was committed before October 1, 2003.

(2) Sixty years of age or older if the crime was
committed on or after October 1, 2003.

(c) Vulnerable
person has the meaning ascribed to it in subsection 7 of NRS 200.5092.

Sec. 15. NRS 49.2549 is hereby amended to
read as follows:

49.2549 There is no privilege pursuant to NRS 49.2547
if:

1. The purpose of the victim in seeking services from
a victims advocate is to enable or aid any person to commit or plan to commit
what the victim knows or reasonably should have known is a crime or fraud;

2. The communication concerns a report of abuse or
neglect of a child , [or]
older person or vulnerable person in
violation of NRS 200.508 or 200.5093, or section 2 of this act, but only as to that
portion of the communication;

3. The communication is relevant to an issue of breach
of duty by the victims advocate to the victim or by the victim to the victims
advocate; or

4. Disclosure of the communication is otherwise
required by law.

Sec. 16. NRS 176.0913 is hereby amended to
read as follows:

176.0913 1. If a defendant is convicted of an offense
listed in subsection 4, the court, at sentencing, shall order that:

(a)The
name, social security number, date of birth and any other information
identifying the defendant be submitted to the Central Repository for Nevada
Records of Criminal History; and

(b)A
biological specimen be obtained from the defendant pursuant to the provisions
of this section and that the specimen be used for an analysis to determine the
genetic markers of the specimen.

2.If the
defendant is committed to the custody of the Department of Corrections, the
Department of Corrections shall arrange for the biological specimen to be
obtained from the defendant. The Department of Corrections shall provide the specimen to the forensic laboratory that has
been designated by the county in which the defendant was convicted to conduct
or oversee genetic marker testing for the county pursuant to NRS 176.0917.

shall provide the specimen to the forensic laboratory that
has been designated by the county in which the defendant was convicted to
conduct or oversee genetic marker testing for the county pursuant to NRS
176.0917.

3.If the
defendant is not committed to the custody of the Department of Corrections, the
Division shall arrange for the biological specimen to be obtained from the
defendant. The Division shall provide the specimen to the forensic laboratory
that has been designated by the county in which the defendant was convicted to
conduct or oversee genetic marker testing for the county pursuant to NRS
176.0917. Any cost that is incurred to obtain a biological specimen from a
defendant pursuant to this subsection is a charge against the county in which
the defendant was convicted and must be paid as provided in NRS 176.0915.

4. Except as otherwise provided in subsection 5, the
provisions of subsection 1 apply to a defendant who is convicted of:

(a)A
category A felony;

(b) A category B felony;

(c) A category C felony involving the use or threatened
use of force or violence against the victim;

(d) A crime against a child as defined in NRS 179D.210;

(e)A
sexual offense as defined in NRS 179D.410;

(f) Abuse or neglect of an older person or a vulnerable person pursuant
to NRS 200.5099;

(g)A
second or subsequent offense for stalking pursuant to NRS 200.575;

(h) An attempt or conspiracy to commit an offense
listed in paragraphs (a) to (g), inclusive;

(i) Failing to register with a local law enforcement
agency as a convicted person as required pursuant to NRS 179C.100, if the
defendant previously was:

(1) Convicted in this State of committing an
offense listed in paragraph (a), (b), (c), (f), (g) or (h); or

(2) Convicted in another jurisdiction of
committing an offense that would constitute an offense listed in paragraph (a),
(b), (c), (f), (g) or (h) if committed in this State;

(j) Failing to register with a local law enforcement
agency after being convicted of a crime against a child as required pursuant to
NRS 179D.240; or

(k) Failing to register with a local law enforcement
agency after being convicted of a sexual offense as required pursuant to NRS
179D.450.

5. A court shall not order a biological specimen to be
obtained from a defendant who has previously submitted such a specimen for
conviction of a prior offense unless the court determines that an additional
sample is necessary.

Sec. 17. NRS 388.880 is hereby amended to read as
follows:

388.8801.
Except as otherwise provided in subsection 2, if any person who knows or has
reasonable cause to believe that another person has made a threat of violence
against a school official, school employee or pupil reports in good faith that
threat of violence to a school official, teacher, school police officer, local
law enforcement agency or potential victim of the violence that is threatened,
the person who makes the report is immune from civil liability for any act or
omission relating to that report. Such a person is not immune from civil
liability for any other act or omission committed by the
person as a part of, in connection with or as a principal, accessory or
conspirator to the violence, regardless of the nature of the other act or
omission.

the person as a part of, in connection with or as a
principal, accessory or conspirator to the violence, regardless of the nature
of the other act or omission.

2. The provisions of this section do not apply to a
person who:

(a) Is acting in his professional or occupational
capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220 [.] and section 2 of this act.

(b) Is required to make a report concerning the
commission of a violent or sexual offense against a child pursuant to NRS
202.882.

3. As used in this section:

(a) Reasonable cause to believe means, in light of
all the surrounding facts and circumstances which are known, a reasonable
person would believe, under those facts and circumstances, that an act,
transaction, event, situation or condition exists, is occurring or has
occurred.

(b) School employee means a licensed or unlicensed
person who is employed by:

(1) A board of trustees of a school district
pursuant to NRS 391.100; or

(2) The governing body of a charter school.

(c) School official means:

(1) A member of the board of trustees of a
school district.

(2) A member of the governing body of a charter school.

(3) An administrator employed by the board of
trustees of a school district or the governing body of a charter school.

(d) Teacher means a person employed by the:

(1) Board of trustees of a school district to
provide instruction or other educational services to pupils enrolled in public
schools of the school district.

(2) Governing body
of a charter school to provide instruction or other educational services to
pupils enrolled in the charter school.

Sec. 18. NRS 394.177 is hereby amended to read as
follows:

394.1771.
Except as otherwise provided in subsection 2, if any person who knows or has
reasonable cause to believe that another person has made a threat of violence
against a school official, school employee or pupil reports in good faith that
threat of violence to a school official, teacher, school police officer, local
law enforcement agency or potential victim of the violence that is threatened,
the person who makes the report is immune from civil liability for any act or
omission relating to that report. Such a person is not immune from civil
liability for any other act or omission committed by the person as a part of,
in connection with or as a principal, accessory or conspirator to the violence,
regardless of the nature of the other act or omission.

2. The provisions of this section do not apply to a
person who:

(a) Is acting in his professional or occupational
capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220 [.] and section 2 of this act.

(b) Is required to make a report concerning the
commission of a violent or sexual offense against a child pursuant to NRS
202.882.

3. As used in this section:

(a) Reasonable cause to believe means, in light of
all the surrounding facts and circumstances which are known, a reasonable
person would believe, under those facts and
circumstances, that an act, transaction, event, situation or condition exists,
is occurring or has occurred.

believe, under those facts and circumstances, that an act,
transaction, event, situation or condition exists, is occurring or has
occurred.

(b) School employee means a licensed or unlicensed
person, other than a school official, who is employed by a private school.

(c) School official means:

(1) An owner of a private school.

(2) A director of a private school.

(3) A supervisor at a private school.

(4) An administrator at a private school.

(d) Teacher means a
person employed by a private school to provide instruction and other
educational services to pupils enrolled in the private school.

Sec. 19. NRS 640B.700 is hereby amended to read as
follows:

640B.700 1. The Board may refuse to issue a license
to an applicant, or may take disciplinary action against a licensee, if, after
notice and a hearing, the Board determines that the applicant or licensee:

(a) Has submitted false or misleading information to
the Board or any agency of this State, any other state, the Federal Government
or the District of Columbia;

(b) Has violated any provision of this chapter or any
regulation adopted pursuant thereto;

(c) Has been convicted of a felony, a crime relating to
a controlled substance or a crime involving moral turpitude;

(d) Is addicted to alcohol or any controlled substance;

(e) Has violated the provisions of NRS 200.5093 or
432B.220 [;] or section 2 of this act;

(f) Is guilty of gross negligence in his practice as an
athletic trainer;

(g) Is not competent to engage in the practice of
athletic training;

(h) Has failed to provide information requested by the
Board within 60 days after he received the request;

(i) Has engaged in unethical or unprofessional conduct
as it relates to the practice of athletic training;

(j) Has been disciplined in another state, a territory
or possession of the United States, or the District of Columbia for conduct
that would be a violation of the provisions of this chapter or any regulations
adopted pursuant thereto if the conduct were committed in this State;

(k) Has solicited or received compensation for services
that he did not provide;

(l) If the licensee is on probation, has violated the
terms of his probation; or

(m) Has terminated his professional services to a
client in a manner that detrimentally affected that client.

2. The Board may, if it determines that an applicant
for a license or a licensee has committed any of the acts set forth in subsection
1, after notice and a hearing:

(a) Refuse to issue a license to the applicant;

(b) Refuse to renew or restore the license of the
licensee;

(c) Suspend or revoke the license of the licensee;

(d) Place the licensee on probation;

(e) Impose an administrative fine of not more than
$5,000;

(f) Require the applicant or licensee to pay the costs
incurred by the Board to conduct the investigation and hearing; or

(g) Impose any combination of actions set forth in
paragraphs (a) to (f), inclusive.

________

CHAPTER 325, AB 250

Assembly Bill No. 250Assemblyman Arberry Jr. (by
request)

CHAPTER 325

AN ACT relating to
massage therapy; creating the Board of Massage Therapists; prescribing the
powers and duties of the Board; providing for its membership; prohibiting a
person from engaging in the practice of massage therapy unless he is issued a
license by the Board; prescribing the requirements for the issuance or renewal
of a license; setting forth the grounds for disciplinary action against a
massage therapist; providing the actions the Board may take against a person
who commits certain acts; providing a penalty; and providing other matters
properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title
54 of NRS is hereby amended by adding thereto a new chapter to consist of
the provisions set forth as sections 2 to 34, inclusive, of this act.

Sec. 2. The
Legislature finds and declares that:

1. The
practice of massage therapy by persons who do not possess sufficient knowledge
of anatomy and physiology or an understanding of the relationship between the
structure and function of the tissues being treated and the total function of
the body may endanger the health, welfare and safety of the residents of this
State.

2. To protect
the residents of this State, it is necessary to license and regulate the
practice of massage therapy.

Sec. 3. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in sections 4 to 7, inclusive, of this act have the meanings
ascribed to them in those sections.

Sec. 4. Board
means the Board of Massage Therapists.

Sec. 5. License
means a license issued by the Board.

Sec. 6. Massage
therapist means a person who is licensed pursuant to the provisions of this
chapter to engage in the practice of massage therapy.

Sec. 7. 1.
Massage therapy means the application of a system of pressure to the
muscular structure and soft tissues of the human body for therapeutic purposes,
including, without limitation:

(g) Movements
applied manually with or without superficial heat, cold, water or lubricants
for the purpose of maintaining good health and establishing and maintaining
good physical condition.

2. The term does not include:

(a) Diagnosis, adjustment, mobilization or
manipulation of any articulations of the body or spine; or

(b) Reflexology.

Sec. 8. 1.
The provisions of this chapter do not apply to:

(a) A person
licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640,
640A or 640B of NRS if the massage therapy is performed in the course of the
practice for which the person is licensed.

(b) A person
licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person
is massaging, cleansing or stimulating the scalp, face, neck or skin within the
permissible scope of practice for a barber or apprentice pursuant to that
chapter.

(c) A person
licensed or registered as an aesthetician, cosmetologist or cosmetologists
apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing
or stimulating the scalp, face, neck or skin within the permissible scope of
practice for an aesthetician, cosmetologist or cosmetologists apprentice
pursuant to that chapter.

(d) A person
who is an employee of an athletic department of any high school, college or
university in this State and who, within the scope of that employment,
practices massage therapy on athletes.

(e) Students
enrolled in a school of massage therapy recognized by the Board.

(f) A person
who practices massage therapy solely on members of his immediate family.

(g) A person
who performs any activity in a licensed brothel.

2. Except as
otherwise provided in subsection 3, the provisions of this chapter preempt the
licensure and regulation of a massage therapist by a county, city or town,
including, without limitation, conducting a criminal background investigation
and examination of a massage therapist or applicant for a license to practice
massage therapy.

3. The
provisions of this chapter do not prohibit a county, city or town from
requiring a massage therapist to obtain a license or permit to transact
business within the jurisdiction of the county, city or town, if the license or
permit is required of other persons, regardless of occupation or profession,
who transact business within the jurisdiction of the county, city or town.

4. As used in
this section, immediate family means persons who are related by blood,
adoption or marriage, within the second degree of consanguinity or affinity.

Sec. 9. 1.
The Board of Massage Therapists is hereby created. The Board consists of seven
members appointed pursuant to this section and one nonvoting advisory member
appointed pursuant to section 10 of this act.

2. The
Governor shall appoint to the Board seven members as follows:

(a) Six members
who:

(1) Are
licensed to practice massage therapy in this State; and

(2) Have
engaged in the practice of massage therapy for the 2 years immediately
preceding their appointment.

Κ Of the six members appointed
pursuant to this paragraph, three members must be residents of Clark County,
two members must be residents of Washoe County and one member must be a
resident of a county other than Clark County or Washoe County.

(b) One member
who is a member of the general public. This member must not be:

(1) A
massage therapist; or

(2) The spouse or the parent or child, by
blood, marriage or adoption, of a massage therapist.

3.The
Governor may, in making his appointments to the Board pursuant to paragraph (a)
of subsection 2, consider for appointment to the Board a person recommended to
him by any person or group.

4.The
members who are appointed to the Board pursuant to paragraph (a) of subsection
2 must continue to practice massage therapy in this State while they are
members of the Board.

5. After the initial terms, the term of each member
of the Board is 4 years. A member may continue in office until the appointment
of a successor.

6. A member of the Board may not serve more than two
consecutive terms. A former member of the Board is eligible for reappointment
to the Board if that person has not served on the Board during the 4 years
immediately preceding the reappointment.

7. A vacancy must be filled by appointment for the
unexpired term in the same manner as the original appointment.

8. The Governor may remove any member of the Board
for incompetence, neglect of duty, moral turpitude or misfeasance, malfeasance
or nonfeasance in office.

(b) Has been certified by the Peace Officers
Standards and Training Commission created pursuant to NRS 289.500; and

(c) Is actively serving or has retired from service as
a police officer with the Las Vegas Metropolitan Police Department.

3.
The advisory member is subject to the provisions of section 9 of this act with
regard to his terms, reappointment, vacancy and removal.

4. The advisory member:

(a)Serves
solely as an advisor to the Board.

(b)May
be designated by the Board to assist in any investigation conducted pursuant to
this chapter.

(c)May
not be counted in determining a quorum of the Board.

(d)May
not vote on any matter before the Board.

5.The
advisory member:

(a)Serves
without salary or compensation.

(b)Is
entitled to receive the per diem allowance and travel expenses provided for in
section 15.6 of this act.

6.If
the advisory member is actively serving as a police officer, the advisory
member must be relieved from his duties without loss of his regular
compensation so that he may prepare for and attend meetings of the Board and
perform any work that is necessary to carry out his duties with the Board in the most timely manner practicable.

with the Board in the most timely manner practicable. The
advisory members employer shall not require the advisory member to:

(a) Make up the time he is absent from work to carry
out his duties with the Board; or

(b) Take annual leave or compensatory time for the
absence.

7.Notwithstanding
any other provision of law, the advisory member:

(a)Is
not disqualified from public employment or holding a public office because of
his membership on the Board; and

(b)Does
not forfeit his public office or public employment because of his membership on
the Board.

Sec. 11. 1.At
the first meeting of each fiscal year, the members of the Board shall elect a
Chairman, Vice Chairman and Secretary-Treasurer from among the members.

2. The Board shall meet at least quarterly and may
meet at other times at the call of the Chairman or upon the written request of
a majority of the members of the Board.

3. The Board shall alternate the location of its
meetings between the southern district of Nevada and the northern district of
Nevada. For the purposes of this subsection:

(a) The
southern district of Nevada consists of all that portion of the State lying
within the boundaries of the counties of Clark, Esmeralda, Lincoln and Nye.

(b) The
northern district of Nevada consists of all that portion of the State lying
within the boundaries of Carson City and the counties of Churchill, Douglas,
Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and
White Pine.

4. A meeting
of the Board may be conducted telephonically or by videoconferencing. A meeting
conducted telephonically or by videoconferencing must meet the requirements of
chapter 241 of NRS and any other applicable provisions of law.

5. Four members of the Board constitute a quorum for
the purposes of transacting the business of the Board, including, without
limitation, issuing, renewing, suspending, revoking or reinstating a license
issued pursuant to this chapter.

Sec. 12. The Board shall:

1. Adopt a seal of which each court in this State shall
take judicial notice;

2. Prepare and
maintain a record of its proceedings and transactions;

3. Review and
evaluate applications for the licensing of massage therapists;

(c)Persons
whose licenses have been revoked or suspended by the Board.

2. The Board
shall, upon request, disclose the information included in each list and may charge
a fee for a copy of the list. The fee may not exceed the actual cost incurred
by the Board to make a copy of the list.

Sec. 14. The Board shall adopt regulations to carry out the provisions of this
chapter. The regulations must include, without limitation, provisions that:

1. Establish
the requirements for continuing education for the renewal of a license;

2. Establish
the requirements for the approval of a course of continuing education,
including, without limitation, a course on a specialty technique of massage
therapy;

3. Establish
the requirements for the approval of an instructor of a course of continuing
education;

4. Establish
requirements relating to sanitation, hygiene and safety relating to the
practice of massage therapy;

5. Prescribe the requirements for any practical, oral
or written examination for a license that the Board may require, including,
without limitation, the passing grade for such an examination; and

6. Establish
the period within which the Board or its designee must report the results of
the investigation of an applicant.

Sec. 15. 1. The Attorney General and his
deputies are hereby designated as the attorneys for the Board.

2. The provisions of this section do not prevent the
Board from employing or retaining other attorneys as it may deem necessary to
carry out the provisions of this chapter.

Sec. 15.2. 1. The Board shall employ a person as the Executive
Director of the Board.

2. The
Executive Director serves as the chief administrative officer of the Board at a
level of compensation set by the Board.

3. The Executive Director is an at-will employee who
serves at the pleasure of the Board.

Sec. 15.4. 1. The Board may employ or contract with inspectors,
investigators, advisers, examiners and clerks and any other persons required to
carry out its duties and secure the services of attorneys and other
professional consultants as it may deem necessary to carry out the provisions
of this chapter.

2. Each
employee of the Board is an at-will employee who serves at the pleasure of the
Board. The Board may discharge an employee of the Board for any reason that
does not violate public policy, including, without limitation, making a false
representation to the Board.

Sec. 15.6. Except as otherwise provided in section
10 of this act, while engaged in the business of the Board:

1. Each member
of the Board is entitled to receive a salary of not more than $80 per day, as
established by the Board; and

2. Each member and employee of the Board is entitled
to receive a per diem allowance and travel expenses at a rate fixed by the
Board. The rate must not exceed the rate provided for officers and employees of
this State generally.

Sec. 15.8.The Board and any of its members and its staff and
employees, including, without limitation, inspectors, investigators, advisers, examiners, clerks, counsel, experts, committees, panels,
hearing officers and consultants, are immune from civil liability for any act
performed in good faith and without malicious intent in the execution of any
duties pursuant to this chapter.

examiners, clerks,
counsel, experts, committees, panels, hearing officers and consultants, are
immune from civil liability for any act performed in good faith and without
malicious intent in the execution of any duties pursuant to this chapter.

Sec. 16. The Board shall adopt a fiscal year beginning on July 1 and ending on June
30.

Sec. 17. 1. Except as otherwise provided in subsection 5, all reasonable expenses
incurred by the Board in carrying out the provisions of this chapter must be
paid from the money that it receives. No part of any expenses of the Board may
be paid from the State General Fund.

2. The Board
may accept gifts, grants, donations and contributions from any source to assist
in carrying out the provisions of this chapter.

3. All money
received by the Board must be deposited in a bank or other financial
institution in this State and paid out upon the Boards order for its expenses.

4. The Board
may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines and
penalties therefor, and deposit the money therefrom in a bank or other
financial institution in this State.

5. If a
hearing officer or panel is not authorized to take disciplinary action pursuant
to subsection 4 and the Board deposits the money collected from the imposition
of fines with the State Treasurer for credit to the State General Fund, it may
present a claim to the State Board of Examiners for recommendation to the
Interim Finance Committee if money is required to pay attorneys fees or the
costs of an investigation, or both.

Sec. 18. 1. If a person is not licensed to practice massage
therapy pursuant to this chapter, the person shall not:

(a) Engage in
the practice of massage therapy; or

(b) Use in
connection with his name the words or letters L.M.T., licensed massage
therapist, licensed massage technician, M.T., massage technician or
massage therapist, or any other letters, words or insignia indicating or
implying that he is licensed to practice massage therapy, or in any other way,
orally, or in writing or print, or by sign, directly or by implication, use the
word massage or represent himself as licensed or qualified to engage in the
practice of massage therapy.

2. If a
persons license to practice massage therapy pursuant to this chapter has
expired or has been suspended or revoked by the Board, the person shall not:

(a) Engage in
the practice of massage therapy; or

(b) Use in
connection with his name the words or letters L.M.T., licensed massage
therapist, licensed massage technician, M.T., massage technician or
massage therapist, or any other letters, words or insignia indicating or
implying that he is licensed to practice massage therapy, or in any other way,
orally, or in writing or print, or by sign, directly or by implication, use the
word massage or represent himself as licensed or qualified to engage in the
practice of massage therapy.

3. A person
who violates any provision of this section is guilty of a misdemeanor.

Sec. 18.5.1. If the Board determines that a person has violated or is
about to violate any provision of this chapter, the Board may bring an action
in a court of competent jurisdiction to enjoin the person from engaging in or
continuing the violation.

(a) May be
issued without proof of actual damage sustained by any person.

(b) Does not
prohibit the criminal prosecution and punishment of the person who commits the
violation.

Sec. 19. 1.
The Board may issue a license to practice massage therapy.

2. An
applicant for a license must:

(a) Be at least
18 years of age;

(b) Submit to
the Board:

(1) A
completed application on a form prescribed by the Board;

(2) The
fees prescribed by the Board pursuant to section 25 of this act;

(3) Proof
that he has successfully completed a program of massage therapy recognized by
the Board;

(4) A certified statement issued by the
licensing authority in each state, territory or possession of the United States
or the District of Columbia in which the applicant is or has been licensed to
practice massage therapy verifying that:

(I) The applicant has not been involved
in any disciplinary action relating to his license to practice massage therapy;
and

(II) Disciplinary proceedings relating to
his license to practice massage therapy are not pending;

(5) Except as otherwise provided in section 21
of this act, a complete set of fingerprints and written permission authorizing
the Board to forward the fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report;

(6) The names and addresses of five natural
persons not related to the applicant and not business associates of the
applicant who are willing to serve as character references;

(7) A statement authorizing the Board or its
designee to conduct an investigation to determine the accuracy of any
statements set forth in the application; and

(8) If
required by the Board, a financial questionnaire; and

(c) In addition
to any examination required pursuant to section 14 of this act and except as
otherwise provided in subsection 3, pass a written examination administered by
any board that is accredited by the National Commission for Certifying
Agencies, or its successor organization, to examine massage therapists.

3. If the
Board determines that the examinations being administered pursuant to paragraph
(c) of subsection 2 are inadequately testing the knowledge and competency of
applicants, the Board shall prepare or cause to be prepared its own written
examination to test the knowledge and competency of applicants. Such an
examination must be offered not less than four times each year. The location of
the examination must alternate between Clark County and Washoe County. Upon
request, the Board must provide a list of approved interpreters at the location
of the examination to interpret the examination for an applicant who, as
determined by the Board, requires an interpreter for the examination.

(2) The existence and contents of any record of
arrests or convictions of the applicant;

(3) The existence and nature of any pending
litigation involving the applicant that would affect his suitability for
licensure; and

(4) The accuracy and completeness of any information
submitted to the Board by the applicant;

(b) If the Board determines that it is unable to
conduct a complete investigation, require the applicant to submit a financial
questionnaire and investigate the financial background and each source of
funding of the applicant;

(c) Report the results of the investigation of the
applicant within the period the Board establishes by regulation pursuant to
section 14 of this act; and

(d) Maintain
the results of the investigation in a confidential manner for use by the Board
and its members and employees in carrying out their duties pursuant to this
chapter. The provisions of this paragraph do not prohibit the Board or its
members or employees from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other
federal, state or local agency that is investigating a person, including, without
limitation, a law enforcement agency.

2. An
applicant for a temporary license issued pursuant to this section must:

(a) Be at least
18 years of age; and

(b) Submit to the
Board:

(1) A
completed application on a form prescribed by the Board;

(2) The
fees prescribed by the Board pursuant to section 25 of this act;

(3) Proof
that he has successfully completed a program of massage therapy recognized by
the Board pursuant to section 19 of this act;

(4) Proof
that he:

(I)
Has taken the examination required pursuant to section 19 of this act; or

(II)
Is scheduled to take such an examination within 90 days after the date of
application;

(5) An
affidavit indicating that he has not committed any of the offenses for which
the Board may refuse to issue a license pursuant to section 29 of this act;

(6) A
certified statement issued by the licensing authority in each state, territory
or possession of the United States or the District of Columbia in which the
applicant is or has been licensed to practice massage therapy verifying that:

(I)
The applicant has not been involved in any disciplinary action relating to his
license to practice massage therapy; and

(II)
Disciplinary proceedings relating to his license to practice massage therapy
are not pending; and

(7) Except
as otherwise provided in section 21 of this act, a complete set of fingerprints
and written permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.

3. A temporary
license issued pursuant to this section expires 90 days after the date the
Board issues the temporary license. The Board shall not renew the temporary
license.

4. A person
who holds a temporary license:

(a) May
practice massage therapy only under the supervision of a fully licensed massage
therapist and only in accordance with the provisions of this chapter and the
regulations of the Board;

(b) Must comply
with any other conditions, limitations and requirements imposed on the
temporary license by the Board;

(c) Is subject
to the regulatory and disciplinary authority of the Board to the same extent as
a fully licensed massage therapist; and

(d) Remains
subject to the regulatory and disciplinary authority of the Board after the
expiration of the temporary license for all acts relating to the practice of
massage therapy which occurred during the period of temporary licensure.

5. As used in
this section, fully licensed massage therapist means a person who holds a
license to practice massage therapy issued pursuant to section 19 or 24 of this
act.

Sec. 21. 1.The
Board of Massage Therapists and the State Board of Cosmetology shall, to the
extent practicable, reduce duplication in the licensing procedure for a
qualified applicant who is applying to the Board of Massage Therapists for a
license to practice pursuant to this chapter and who is also applying to the
State Board of Cosmetology for a license to practice pursuant to chapter 644 of
NRS, if both applications are filed not more than 60 days apart.

2.If a
qualified applicant submits an application to the State Board of Cosmetology
for a license to practice pursuant to chapter 644 of NRS and, not later than 60
days after that application, the applicant also submits an application to the
Board of Massage Therapists for a license to practice pursuant to this chapter:

(a)The
applicant is not required to submit a set of fingerprints to the Board of
Massage Therapists if the applicant submitted a set of fingerprints with his
application to the State Board of Cosmetology;

(b)The
Board of Massage Therapists shall request from the State Board of Cosmetology a
copy of any reports relating to a background investigation of the applicant;

(c)Upon
receiving such a request, the State Board of Cosmetology shall provide to the
Board of Massage Therapists any reports relating to a background investigation
of the applicant; and

(d)The
Board of Massage Therapists shall use the reports provided by the State Board
of Cosmetology in reviewing the application for a license to practice pursuant
to this chapter, except that the Board of Massage Therapists may conduct its
own background investigation of the applicant if the Board of Massage
Therapists deems it to be necessary.

Sec. 22. 1. In addition to the any other requirements set forth in this chapter:

(a) An
applicant for the issuance of a license as a massage therapist shall include
the social security number of the applicant in the application submitted to the
Board.

(b) An
applicant for the issuance or renewal of a license as a massage therapist shall
submit to the Board the statement prescribed by the Welfare Division of the
Department of Human Resources pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Board
shall include the statement required pursuant to subsection 1 in:

(a) The
application or any other forms that must be submitted for the issuance or
renewal of the license; or

(b) A separate
form prescribed by the Board.

3. A license
as a massage therapist may not be issued or renewed by the Board if the
applicant:

(a) Fails to
submit the statement required pursuant to subsection 1; or

(b) Indicates
on the statement submitted pursuant to subsection 1 that he is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order.

4. If an
applicant indicates on the statement submitted pursuant to subsection 1 that he
is subject to a court order for the support of a child and is not in compliance
with the order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed pursuant to the
order, the Board shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

Sec. 23. 1. If the Board receives a copy of a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license, the Board shall deem the license issued to that person to
be suspended at the end of the 30th day after the date on which the court order
was issued unless the Board receives a letter issued to the holder of the
license by the district attorney or other public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or warrant
or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board
shall reinstate a license that has been suspended by a district court pursuant
to NRS 425.540 if:

(a) The Board
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person whose license was suspended stating that
the person whose license was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560; and

(b) The
licensee pays the fee for reinstatement of the license prescribed by the Board
pursuant to section 25 of this act.

Sec. 24. 1. Notwithstanding the provisions of section 19 of this act and except
as otherwise provided in subsection 3, the Board may issue a license to an
applicant who holds a current license to practice massage therapy issued by another state, territory or possession of
the United States or the District of Columbia.

therapy issued by
another state, territory or possession of the United States or the District of
Columbia.

2. An
applicant for a license issued by the Board pursuant to subsection 1 must
submit to the Board:

(a) A completed
application on a form prescribed by the Board;

(b) The fees
prescribed by the Board pursuant to section 25 of this act;

(c) A notarized
statement signed by the applicant that states:

(1) Whether
any disciplinary proceedings relating to his license to practice massage
therapy have at any time been instituted against him; and

(2) Whether
he has been arrested or convicted, within the immediately preceding 10 years,
for any crime involving violence, prostitution or any other sexual offense; and

(d) A certified
statement issued by the licensing authority in each state, territory or
possession of the United States or the District of Columbia in which the
applicant is or has been licensed to practice massage therapy during the
immediately preceding 10 years verifying that:

(1) The
applicant has not been involved in any disciplinary action relating to his
license to practice massage therapy; and

(2) Disciplinary
proceedings relating to his license to practice massage therapy are not pending.

3. The Board
shall not issue a license pursuant to this section unless the state, territory
or possession of the United States or the District of Columbia in which the
applicant is licensed had requirements at the time the license was issued that
the Board determines are substantially equivalent to the requirements for a
license to practice massage therapy set forth in this chapter.

Sec. 25. 1. The Board shall establish a schedule of fees and charges. The fees
for the following items must not exceed the following amounts:

An examination established by the Board pursuant to this
chapter $600

An application for a license................................................................... 300

An application for a license without an examination...................... 300

A background check of an applicant................................................... 600

The issuance of a license........................................................................ 400

The renewal of a license......................................................................... 200

The restoration of an expired license.................................................. 500

The reinstatement of a suspended or revoked license...................... 500

The issuance of a duplicate license........................................................ 75

The restoration of an inactive license.................................................. 300

2. The total
fees collected by the Board pursuant to this section must not exceed the amount
of money necessary for the operation of the Board and for the maintenance of an
adequate reserve.

Sec. 26. Each licensee shall display his license in a conspicuous manner at each
location where he practices massage therapy.

Sec. 27. 1. Each license expires on the last day of the month in which it was
issued in the next succeeding calendar year and may be renewed if, before the
license expires, the holder of the license submits to the Board:

(a) A completed
application for renewal on a form prescribed by the Board;

(b) Proof of
his completion of the requirements for continuing education prescribed by the
Board pursuant to the regulations adopted by the Board under section 14 of this
act; and

(c) The fee for
renewal of the license prescribed by the Board pursuant to section 25 of this
act.

2. A license
that expires pursuant to this section may be restored if the applicant:

(a) Complies
with the provisions of subsection 1; and

(b) Submits to
the Board the fees prescribed by the Board pursuant to section 25 of this act:

(1) For
the restoration of an expired license; and

(2) For
each year that the license was expired, for the renewal of a license.

3. The Board
shall send a notice of renewal to each holder of a license not later than 60
days before his license expires. The notice must include a statement setting forth
the provisions of this section and the amount of the fee for renewal of the
license.

Sec. 28. 1. Upon written request to the Board, a holder of a license in good
standing may cause his name and license to be transferred to an inactive list.
The holder of the license may not practice massage therapy during the time the
license is inactive, and no renewal fee accrues.

2. If an
inactive holder of a license desires to resume the practice of massage therapy,
the Board shall renew the license upon:

(a) Demonstration,
if deemed necessary by the Board, that the holder of the license is then
qualified and competent to practice;

(b) Completion
and submission of an application; and

(c) Payment of
the current fee for renewal of the license.

Sec. 29. The Board may refuse to issue a license to an applicant, or may initiate
disciplinary action against a holder of a license, if the applicant or holder
of the license:

1. Has
submitted false, fraudulent or misleading information to the Board or any
agency of this State, any other state, a territory or possession of the United
States, the District of Columbia or the Federal Government;

2. Has
violated any provision of this chapter or any regulation adopted pursuant
thereto;

3. Has been
convicted of a crime involving violence, prostitution or any other sexual
offense, a crime involving any type of larceny, a crime relating to a
controlled substance, a crime involving any federal or state law or regulation
relating to massage therapy or a substantially similar business, or a crime
involving moral turpitude within the immediately preceding 10 years.

4. Has engaged
in or solicited sexual activity during the course of practicing massage on a
person, with or without the consent of the person, including, without limitation,
if the applicant or holder of the license:

(a) Made sexual
advances toward the person;

(b) Requested
sexual favors from the person; or

(c) Massaged,
touched or applied any instrument to the breasts of the person, unless the
person has signed a written consent form provided by the Board;

5. Has
habitually abused alcohol or is addicted to a controlled substance;

6. Is, in the
judgment of the Board, guilty of gross negligence in his practice of massage
therapy;

7. Is
determined by the Board to be professionally incompetent to engage in the
practice of massage therapy;

8. Has failed
to provide information requested by the Board within 60 days after he received
the request;

9. Has, in the
judgment of the Board, engaged in unethical or unprofessional conduct as it
relates to the practice of massage therapy;

10. Has been
disciplined in another state, a territory or possession of the United States or
the District of Columbia for conduct that would be a violation of the
provisions of this chapter or any regulations adopted pursuant thereto if the
conduct were committed in this State;

11. Has
solicited or received compensation for services relating to the practice of
massage therapy that he did not provide;

12. If the
holder of the license is on probation, has violated the terms of his probation;
or

13. Has
engaged in false, deceptive or misleading advertising, including, without
limitation, falsely, deceptively or misleadingly advertising that he has
received training in a specialty technique of massage for which he has not
received training, practicing massage therapy under an assumed name and impersonating
a licensed massage therapist.

Sec. 30. 1. If any member of the Board or the Executive Director becomes aware of
any ground for initiating disciplinary action against a holder of a license,
the member or Executive Director shall file a written complaint with the Board.

2. The
complaint must specifically:

(a)Set
forth the relevant facts; and

(b)Charge
one or more grounds for initiating disciplinary action.

3.As
soon as practicable after the filing of the complaint, an investigation of the
complaint must be conducted to determine whether the allegations in the
complaint merit the initiation of disciplinary proceedings against the holder
of the license.

Sec. 31. 1. If, after notice and a hearing as required by law, the Board finds
one or more grounds for taking disciplinary action, the Board may:

(a) Place the
applicant or holder of the license on probation for a specified period or until
further order of the Board;

(b) Administer
to the applicant or holder of the license a public reprimand;

(c) Refuse to
issue, renew, reinstate or restore the license;

(d) Suspend or
revoke the license;

(e) Impose an
administrative fine of not more than $1,000 per day for each day for which the
Board determines that a violation occurred;

(f) Require the
applicant or holder of the license to pay the costs incurred by the Board to
conduct the investigation and hearing; or

(g) Impose any
combination of actions set forth in paragraphs (a) to (f), inclusive.

2.The
order of the Board may contain such other terms, provisions or conditions as
the Board deems appropriate.

3.The
order of the Board and the findings of fact and conclusions of law supporting
that order are public records.

4. The Board
shall not issue a private reprimand.

Sec. 32. Notwithstanding any other statute to the contrary:

1. If the
Board finds that immediate action is necessary to protect the health, safety or
welfare of the public, the Board may, upon providing notice to the massage
therapist, temporarily suspend his license for a period not to exceed 30 days.
For good cause, the Board may extend the period of the temporary suspension if
the Board deems such action to be necessary to protect the health, safety or
welfare of the public pending proceedings for disciplinary action. In any such
case, a hearing must be held and a final decision rendered regarding whether to
extend the period of the temporary suspension not later than 30 days after the
date on which the Board notifies the massage therapist of the temporary
suspension.

2. If a
massage therapist is charged with or cited for a crime involving violence,
prostitution or any other sexual offense, the appropriate law enforcement
agency shall report the charge or citation to the Executive Director. Upon
receiving such a report, the Executive Director shall immediately issue a cease
and desist order temporarily suspending the license of the massage therapist.
The temporary suspension of the license is effective immediately upon issuance
of the cease and desist order and must not exceed 15 days. For good cause, the
Board may extend the period of the temporary suspension if the Board deems such
action to be necessary to protect the health, safety or welfare of the public
pending proceedings for disciplinary action. In any such case, a hearing must
be held and a final decision rendered regarding whether to extend the period of
the temporary suspension not later than 15 days after the date on which the
Executive Director issues the cease and desist order.

3. If the
Board or the Executive Director issues an order temporarily suspending the
license of a massage therapist pending proceedings for disciplinary action, a
court shall not stay that order.

Sec. 33. 1. The Board may conduct investigations and hold hearings to carry out
its duties pursuant to this chapter.

2. In such a
hearing:

(a) Any member
of the Board may administer oaths and examine witnesses; and

(b) The Board
or any member thereof may issue subpoenas to compel the attendance of witnesses
and the production of books and papers.

3. Each
witness who is subpoenaed to appear before the Board is entitled to receive for
his attendance the same fees and mileage allowed by law for a witness in a
civil case. The amount must be paid by the party who requested the subpoena. If
any witness who has not been required to attend at the request of any party is
subpoenaed by the Board, his fees and mileage must be paid by the Board from
money available for that purpose.

4. If any
person fails to comply with the subpoena within 10 days after it is issued, the
Chairman of the Board may petition a court of competent jurisdiction for an
order of the court compelling compliance with the subpoena.

5. Upon the
filing of such a petition, the court shall enter an order directing the person
subpoenaed to appear before the court at a time and place to be fixed by the
court in its order, the time to be not more than 10 days after the date of the
order, and to show cause why he has not
complied with the subpoena.

complied with the
subpoena. A certified copy of the order must be served upon the person
subpoenaed.

6. If it
appears to the court that the subpoena was regularly issued by the Board, the
court shall enter an order compelling compliance with the subpoena. The failure
of the person to comply with the order is a contempt of the court that issued
the order.

Sec. 34. 1. Except as otherwise provided in this section, a complaint filed with
the Board, all documents and other information filed with the complaint and all
documents and other information compiled as a result of an investigation
conducted to determine whether to initiate disciplinary action against a person
are confidential, unless the person submits a written statement to the Board
requesting that such documents and information be made public records.

2. The
charging documents filed with the Board to initiate disciplinary action and all
documents and information considered by the Board when determining whether to
impose discipline are public records.

3. The
provisions of this section do not prohibit the Board from communicating or
cooperating with or providing any documents or other information to any other
licensing board or any other federal, state or local agency that is
investigating a person, including, without limitation, a law enforcement
agency.

Sec. 34.5. Chapter 644 of NRS is hereby
amended by adding thereto a new section to read as follows:

1.The State Board of
Cosmetology and the Board of Massage Therapists shall, to the extent practicable,
reduce duplication in the licensing procedure for a qualified applicant who is
applying to the State Board of Cosmetology for a license to practice pursuant
to this chapter and who is also applying to the Board of Massage Therapists for
a license to practice pursuant to sections 2 to 34, inclusive, of this act, if
both applications are filed not more than 60 days apart.

2.If a
qualified applicant submits an application to the Board of Massage Therapists
for a license to practice pursuant to sections 2 to 34, inclusive, of this act
and, not later than 60 days after that application, the applicant also submits
an application to the State Board of Cosmetology for a license to practice
pursuant to this chapter:

(a)The
applicant is not required to submit a set of fingerprints to the State Board of
Cosmetology if the applicant submitted a set of fingerprints with his
application to the Board of Massage Therapists;

(b)The
State Board of Cosmetology shall request from the Board of Massage Therapists a
copy of any reports relating to a background investigation of the applicant;

(c)Upon
receiving such a request, the Board of Massage Therapists shall provide to the
State Board of Cosmetology any reports relating to a background investigation
of the applicant; and

(d)The
State Board of Cosmetology shall use the reports provided by the Board of
Massage Therapists in reviewing the application for a license to practice
pursuant to this chapter.

Sec. 35. NRS 218.825 is hereby amended to
read as follows:

218.825 1. Except as otherwise provided in subsection
2, each board created by the provisions of NRS 590.485 and chapters 623 to 625A,
inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS [and
NRS 590.485,]
and sections 2 to 34, inclusive, of this act shall:

(a) If the revenue of the board from all sources is
less than $50,000 for any fiscal year, prepare a balance sheet for that fiscal
year on the form provided by the Legislative Auditor and file the balance sheet
with the Legislative Auditor and the Chief of the Budget Division of the
Department of Administration on or before December 1 following the end of that
fiscal year. The Legislative Auditor shall prepare and make available a form
that must be used by a board to prepare such a balance sheet.

(b) If the revenue of the board from all sources is
$50,000 or more for any fiscal year, engage the services of a certified public
accountant or public accountant, or firm of either of such accountants, to
audit all its fiscal records for that fiscal year and file a report of the
audit with the Legislative Auditor and the Chief of the Budget Division of the
Department of Administration on or before December 1 following the end of that
fiscal year.

2. In lieu of preparing a balance sheet or having an
audit conducted for a single fiscal year, a board may engage the services of a
certified public accountant or public accountant, or firm of either of such
accountants, to audit all its fiscal records for a period covering 2 successive
fiscal years. If such an audit is conducted, the board shall file the report of
the audit with the Legislative Auditor and the Chief of the Budget Division of
the Department of Administration on or before December 1 following the end of
the second fiscal year.

3. The cost of each audit conducted pursuant to
subsection 1 or 2 must be paid by the board that is audited. Each such audit
must be conducted in accordance with generally accepted auditing standards , and all financial
statements must be prepared in accordance with generally accepted principles of
accounting for special revenue funds.

4. Whether or not a board is required to have its
fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor
shall audit the fiscal records of any such board whenever directed to do so by
the Legislative Commission. When the Legislative Commission directs such an
audit, the Legislative Commission shall also determine who is to pay the cost
of the audit.

5. A person who is a state officer or employee of a
board is guilty of nonfeasance if the person:

(a) Is responsible for preparing a balance sheet or
having an audit conducted pursuant to this section or is responsible for
preparing or maintaining the fiscal records that are necessary to prepare a
balance sheet or have an audit conducted pursuant to this section; and

(b) Knowingly fails to prepare the balance sheet or
have the audit conducted pursuant to this section or knowingly fails to prepare
or maintain the fiscal records that are necessary to prepare a balance sheet or
have an audit conducted pursuant to this section.

6. In addition to any other remedy or penalty, a
person who is guilty of nonfeasance pursuant to this section forfeits his state
office or employment and may not be appointed to a state office or position of
state employment for a period of 2 years following the forfeiture. The
provisions of this subsection do not apply to a state officer who may be
removed from office only by impeachment pursuant to Article 7 of the Nevada
Constitution.

Sec. 36. NRS 244.335 is hereby amended to
read as follows:

244.335 1. Except as otherwise provided in subsection
2, the board of county commissioners may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all character of lawful trades, callings, industries, occupations, professions
and business conducted in its county outside of the limits of incorporated
cities and towns.

(b) Except as otherwise provided in NRS 244.3359 and
576.128, fix, impose and collect a license tax for revenue or for regulation,
or for both revenue and regulation, on such trades, callings, industries,
occupations, professions and business.

2. The county license boards have the exclusive power
in their respective counties to regulate entertainers employed by an
entertainment by referral service and the business of conducting a dancing
hall, escort service, entertainment by referral service or gambling game or
device permitted by law, outside of an incorporated city. The county license
boards may fix, impose and collect license taxes for revenue or for regulation,
or for both revenue and regulation, on such employment and businesses.

3. No license to engage in any type of business may be
granted unless the applicant for the license signs an affidavit affirming that
the business has complied with the provisions of NRS 360.780. The county
license board shall provide upon request an application for a business license
pursuant to NRS 360.780.

4. No license to engage in business as a seller of
tangible personal property may be granted unless the applicant for the license
presents written evidence that:

(a) The Department of Taxation has issued or will issue
a permit for this activity, and this evidence clearly identifies the business
by name; or

(b) Another regulatory agency of the State has issued
or will issue a license required for this activity.

5. Any license tax levied for the purposes of NRS
244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real
and personal property of the business upon which the tax was levied until the
tax is paid. The lien has the same priority as a lien for general taxes. The
lien must be enforced in the following manner:

(a) By recording in the office of the county recorder,
within 6 months after the date on which the tax became delinquent or was
otherwise determined to be due and owing, a notice of the tax lien containing
the following:

(1) The amount of tax due and the appropriate
year;

(2) The name of the record owner of the
property;

(3) A description of the property sufficient for
identification; and

(4) A verification by the oath of any member of
the board of county commissioners or the county fair and recreation board; and

(b) By an action for foreclosure against the property
in the same manner as an action for foreclosure of any other lien, commenced
within 2 years after the date of recording of the notice of the tax lien, and
accompanied by appropriate notice to other lienholders.

6. The board of county commissioners may delegate the
authority to enforce liens from taxes levied for the purposes of NRS 244A.597
to 244A.655, inclusive, to the county fair and recreation board. If the
authority is so delegated, the board of county commissioners shall revoke or suspend
the license of a business upon certification by the county fair and recreation
board that the license tax has become delinquent, and shall not reinstate the
license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an
ordinance authorized by this section or other information concerning the
business affairs or operation of any licensee obtained as a result of the
payment of such license taxes or as the result of any audit or examination of
the books by any authorized employee of a county fair and recreation board of
the county for any license tax levied for the purpose of NRS 244A.597 to
244A.655, inclusive, is confidential and must not be disclosed by any member,
officer or employee of the county fair and recreation board or the county
imposing the license tax unless the disclosure is authorized by the affirmative
action of a majority of the members of the appropriate county fair and
recreation board.

all information concerning license taxes levied by an
ordinance authorized by this section or other information concerning the
business affairs or operation of any licensee obtained as a result of the
payment of such license taxes or as the result of any audit or examination of
the books by any authorized employee of a county fair and recreation board of
the county for any license tax levied for the purpose of NRS 244A.597 to
244A.655, inclusive, is confidential and must not be disclosed by any member,
officer or employee of the county fair and recreation board or the county
imposing the license tax unless the disclosure is authorized by the affirmative
action of a majority of the members of the appropriate county fair and
recreation board. Continuing disclosure may be so authorized under an agreement
with the Department of Taxation for the exchange of information concerning
taxpayers.

Sec. 37. NRS 266.355 is hereby amended to
read as follows:

266.355 1. Except as otherwise provided in subsection
3, the city council may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Except as otherwise provided in NRS 576.128, fix,
impose and collect a license tax for revenue upon all businesses, trades and
professions.

2. The city council may establish any equitable
standard to be used in fixing license taxes required to be collected pursuant
to this section.

3. The city council may license insurance agents,
brokers, analysts, adjusters and managing general agents within the limitations
and under the conditions prescribed in NRS 680B.020.

Sec. 38. NRS 269.170 is hereby amended to
read as follows:

269.170 1. Except as otherwise provided in NRS
576.128 and 598D.150, and section
8 of this act, the town board or board of county commissioners
may in any unincorporated town:

(a) Fix and collect a license tax on, and regulate,
having due regard to the amount of business done by each person so licensed,
and all places of business and amusement so licensed, as follows:

(11) Insurance agents, brokers, analysts,
adjusters and managing general agents within the limitations and under the
conditions prescribed in NRS 680B.020.

(b) Fix and collect a license tax upon all professions,
trades or business within the town not specified in paragraph (a).

2. No license to engage in business as a seller of
tangible personal property may be granted unless the applicant for the license
presents written evidence that:

(a) The Department of Taxation has issued or will issue
a permit for this activity, and this evidence clearly identifies the business
by name; or

(b) Another regulatory agency of the State has issued
or will issue a license required for this activity.

3. Any license tax levied for the purposes of NRS
244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal
property of the business upon which the tax was levied until the tax is paid.
The lien must be enforced in the same manner as liens for ad valorem taxes on
real and personal property. The town board or other governing body of the
unincorporated town may delegate the power to enforce such liens to the county
fair and recreation board.

4. The governing body or the county fair and
recreation board may agree with the Department of Taxation for the continuing
exchange of information concerning taxpayers.

Sec. 39. NRS 284.013 is hereby amended to
read as follows:

284.013 1. Except as otherwise provided in subsection
4, this chapter does not apply to:

(a) Agencies, bureaus, commissions, officers or
personnel in the Legislative Department or the Judicial Department of State
Government, including the Commission on Judicial Discipline;

(b) Any person who is employed by a board, commission,
committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630
to 644, inclusive, 648, 652, 654 and 656 of NRS[;]and sections 2 to 34, inclusive, of this
act; or

(c) Officers or employees of any agency of the
Executive Department of the State Government who are exempted by specific
statute.

2. Except as otherwise provided in subsection 3, the
terms and conditions of employment of all persons referred to in subsection 1,
including salaries not prescribed by law and leaves of absence, including,
without limitation, annual leave and sick and disability leave, must be fixed
by the appointing or employing authority within the limits of legislative
appropriations or authorizations.

3. Except as otherwise provided in this subsection,
leaves of absence prescribed pursuant to subsection 2 must not be of lesser
duration than those provided for other state officers and employees pursuant to
the provisions of this chapter. The provisions of this subsection do not govern
the Legislative Commission with respect to the personnel of the Legislative
Counsel Bureau.

4. Any board, commission, committee or council created
in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652,
654 and 656 of NRS and sections 2
to 34, inclusive, of this act which contracts for the services of
a person, shall require the contract for those services to be in writing.

writing. The contract must be approved by the State Board of
Examiners before those services may be provided.

Sec. 40. NRS 353.005 is hereby amended to
read as follows:

353.005 The provisions of this chapter do not apply to
boards created by the provisions of NRS 590.485 and chapters 623 to 625A,
inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS and sections 2 to 34, inclusive, of
this act and the officers and employees of those boards.

Sec. 41. NRS 353A.020 is hereby amended to
read as follows:

353A.020 1. The Director, in consultation with the
Committee and Legislative Auditor, shall adopt a uniform system of internal
accounting and administrative control for agencies. The elements of the system
must include, without limitation:

(a) A plan of organization which provides for a
segregation of duties appropriate to safeguard the assets of the agency;

(b) A plan which limits access to assets of the agency
to persons who need the assets to perform their assigned duties;

(c) Procedures for authorizations and recordkeeping
which effectively control accounting of assets, liabilities, revenues and
expenses;

(d) A system of practices to be followed in the
performance of the duties and functions of each agency; and

(e) An effective system of internal review.

2. The Director, in consultation with the Committee
and Legislative Auditor, may modify the system whenever he considers it
necessary.

3. Each agency shall develop written procedures to
carry out the system of internal accounting and administrative control adopted
pursuant to this section.

4. For the purposes of this section, agency does not
include:

(a) A board created by the provisions of NRS 590.485
and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and
656 of NRS[.] and sections 2 to 34, inclusive, of
this act.

(b) The University and Community College System of
Nevada.

(c) The Public Employees Retirement System.

(d) The Housing Division of the Department of Business
and Industry.

(e) The Colorado River Commission of Nevada.

Sec. 42. NRS 353A.025 is hereby amended to
read as follows:

353A.025 1. The head of each agency shall
periodically review the agencys system of internal accounting and
administrative control to determine whether it is in compliance with the
uniform system of internal accounting and administrative control for agencies
adopted pursuant to subsection 1 of NRS 353A.020.

2. On or before July 1 of each even-numbered year, the
head of each agency shall report to the Director whether the agencys system of
internal accounting and administrative control is in compliance with the
uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports
must be made available for inspection by the members of the Legislature.

3. For the purposes of this section, agency does not
include:

(a) A board created by the provisions of NRS 590.485
and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and
656 of NRS[.] and sections 2 to 34, inclusive, of
this act.

4. The Director shall, on or before the first Monday
in February of each odd-numbered year, submit a report on the status of
internal accounting and administrative controls in agencies to the:

(a) Director of the Legislative Counsel Bureau for
transmittal to the:

(1) Senate Standing Committee on Finance; and

(2) Assembly Standing Committee on Ways and
Means;

(b) Governor; and

(c) Legislative Auditor.

5. The report submitted by the Director pursuant to
subsection 4 must include, without limitation:

(a) The identification of each agency that has not
complied with the requirements of subsections 1 and 2;

(b) The identification of each agency that does not
have an effective method for reviewing its system of internal accounting and
administrative control; and

(c) The identification of each agency that has
weaknesses in its system of internal accounting and administrative control, and
the extent and types of such weaknesses.

Sec. 43. NRS 353A.045 is hereby amended to
read as follows:

353A.045 The Chief shall:

1. Report to the Director.

2. Develop long-term and annual work plans to be based
on the results of periodic documented risk assessments. The annual work plan
must list the agencies to which the Division will provide training and
assistance and be submitted to the Director for approval. Such agencies must
not include:

(a) A board created by the provisions of NRS 590.485
and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and
656 of NRS[.] and sections 2 to 34, inclusive, of
this act.

(b) The University and Community College System of
Nevada.

(c) The Public Employees Retirement System.

(d) The Housing Division of the Department of Business
and Industry.

(e) The Colorado River Commission of Nevada.

3. Provide a copy of the approved annual work plan to
the Legislative Auditor.

4. In consultation with the Director, prepare a plan
for auditing executive branch agencies for each fiscal year and present the
plan to the Committee for its review and approval. Each plan for auditing must:

(a) State the agencies which will be audited, the
proposed scope and assignment of those audits and the related resources which
will be used for those audits; and

(b) Ensure that the internal accounting, administrative
controls and financial management of each agency are reviewed periodically.

5. Perform the audits of the programs and activities
of the agencies in accordance with the plan approved pursuant to subsection 5
of NRS 353A.038 and prepare audit reports of his findings.

6. Review each agency that is audited pursuant to
subsection 5 and advise those agencies concerning internal accounting,
administrative controls and financial management.

7. Submit to each agency that is audited pursuant to
subsection 5 analyses, appraisals and recommendations concerning:

(a) The adequacy of the internal accounting and administrative
controls of the agency; and

(b) The efficiency and effectiveness of the management
of the agency.

8. Report any possible abuses, illegal actions,
errors, omissions and conflicts of interest of which the Division becomes aware
during the performance of an audit.

9. Adopt the standards of the Institute of Internal
Auditors for conducting and reporting on internal audits.

10. Consult with the Legislative Auditor concerning
the plan for auditing and the scope of audits to avoid duplication of effort
and undue disruption of the functions of agencies that are audited pursuant to
subsection 5.

11. Appoint a Manager of Internal Controls.

Sec. 44. NRS 608.0116 is hereby amended to
read as follows:

608.0116 Professional means pertaining to an employee
who is licensed or certified by the State of Nevada for and engaged in the
practice of law or any of the professions regulated by chapters 623 to 645,
inclusive, and 656A of NRS[.] and sections 2 to 34, inclusive, of
this act.

Sec. 45. Section 2.140 of the Charter of the City
of Caliente, being chapter 31, Statutes of Nevada 1971, as amended by chapter
465, Statutes of Nevada 2003, at page 2896, is hereby amended to read as
follows:

Sec. 2.140 Powers of City Council: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The City Council may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue
upon all businesses, trades and professions.

2. The City Council may establish any equitable
standard to be used in fixing license taxes required to be collected pursuant
to this section.

Sec. 46. Section 2.150 of the Charter of the City
of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter
465, Statutes of Nevada 2003, at page 2897, is hereby amended to read as
follows:

Sec. 2.150 Powers of Board of Councilmen: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The Board of Councilmen may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue
upon all businesses, trades and professions.

2. No person licensed by an agency of the State of
Nevada to practice any trade or profession except gaming may be denied a
license to conduct his profession.

3. The Board of Councilmen may establish any equitable
standard to be used in fixing license taxes required to be collected pursuant
to this section.

Sec. 47. Section
2.260 of the Charter of Carson City, being chapter 213, Statutes of Nevada
1969, as last amended by chapter 465, Statutes of Nevada 2003, at page 2897,
is hereby amended to read as follows:

Sec. 2.260 Power of Board: Licensing, regulation and
prohibition of trades, professions and businesses.

1. Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, the
Board may fix, impose and collect a license tax for revenue upon, or regulate:

(a) Or both, all trades, callings, professions and
businesses, conducted in whole or in part within Carson City, except that no
person licensed by an agency of the State of Nevada to practice any profession
except gaming may be denied a license to conduct his profession or required to
pay a license tax except for revenue.

(b) Or both, all businesses selling alcoholic liquors
at wholesale or retail, or prohibit or suppress such businesses.

(c) Or prescribe the location of all gaming
establishments, or any combination of these, or may prohibit gambling and
gaming of all kinds, and all games of chance.

2. The Board may provide for the issuance of all
licenses authorized in this section and the time and manner in which they will
be issued.

3. The Board may establish any equitable standard to
be used in fixing license taxes required to be collected pursuant to this
section.

4. The Board may, for just cause, suspend, cancel or
revoke any business license.

Sec. 48. Section 2.150 of the Charter of the City
of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter
465, Statutes of Nevada 2003, at page 2897, is hereby amended to read as
follows:

Sec. 2.150 Powers of City Council: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The City Council may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue
upon all businesses, trades and professions.

2. The City Council may establish any equitable
standard to be used in fixing license taxes collected pursuant to this section.

Sec. 49. Section 2.130 of the Charter of the City
of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter
465, Statutes of Nevada 2003, at page 2898, is hereby amended to read as
follows:

Sec. 2.130 Powers of City Council: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The City Council may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue
upon all businesses, trades and professions.

2. The City Council may establish any equitable
standard to be used in fixing license taxes required to be collected pursuant
to this section.

Sec. 50. Section 2.150 of the Charter of the City
of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter
465, Statutes of Nevada 2003, at page 2898, is hereby amended to read as
follows:

Sec. 2.150 Powers of City Council: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The City Council may:

(a) Except as is otherwise provided in subsection 2 and
NRS 598D.150[,]and section 8 of this act, license
and regulate all lawful businesses, trades and professions.

(b) Fix, impose and collect a license tax for regulation
or for revenue, or both, upon all businesses, trades and professions and
provide an equitable standard for fixing those license taxes.

(c) Suspend or revoke the license of any business,
trade or profession for failing to comply with any regulation of the City in
such manner as may be prescribed by ordinance.

2. No person, firm or corporation which is licensed by
an agency of the State to conduct or practice any business, trade or
profession, except as is otherwise provided in subsection 3, may be denied a
license to conduct or practice that business, trade or profession, nor may the
license be suspended or revoked, if:

(a) That person, firm or corporation complies with all
of the regulations which are established by that agency and pays to the City such
license taxes and related fees and posts such bond or bonds as may be
prescribed by ordinance; and

(b) The location of the business, trade or profession
complies with all of the requirements of all of the zoning, building, plumbing,
electrical, safety and fire prevention codes or regulations of the City.

3. The City Council may provide, by ordinance,
regulations which restrict the number, location and method of operation of and
the qualifications for ownership in:

(a) Liquor-dispensing or gaming establishments, or
both;

(b) Businesses which are engaged in the manufacture or
distribution, or both, of liquor or gaming devices; and

(c) Such other businesses, trades and professions as
may be declared by ordinance to be privileged,

Κ and
regulations which prescribe the circumstances under and the manner in which
licenses with respect to those establishments, businesses, trades and
professions may be denied, limited, suspended or revoked.

Sec. 51. Section 2.140 of the Charter of the City
of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by
chapter 465, Statutes of Nevada 2003, at page 2899, is hereby amended to
read as follows:

Sec. 2.140 Powers of City Council: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The City Council may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license fee for revenue
upon all businesses, trades and professions.

2. The City Council may establish any equitable
standard to be used in fixing license fees required to be collected pursuant to
this section.

Sec. 52. Section 2.140 of the Charter of the City
of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter
465, Statutes of Nevada 2003, at page 2899, is hereby amended to read as
follows:

Sec. 2.140 General powers of City Council.

1. Except as otherwise provided in subsection 2 and
section 2.150, the City Council may:

(a) Acquire, control, improve and dispose of any real
or personal property for the use of the City, its residents and visitors.

(b) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
and impose a license tax for revenue upon all businesses, trades and
professions.

(c) Provide or grant franchises for public
transportation and utilities.

(d) Appropriate money for advertising and publicity and
for the support of a municipal band.

(e) Enact and enforce any police, fire, traffic,
health, sanitary or other measure which does not conflict with the general laws
of the State of Nevada. An offense that is made a misdemeanor by the laws of
the State of Nevada shall also be deemed to be a misdemeanor against the City
whenever the offense is committed within the City.

(f) Fix the rate to be paid for any utility service
provided by the City as a public enterprise. Any charges due for services,
facilities or commodities furnished by any utility owned by the City is a lien
upon the property to which the service is rendered and is perfected by filing
with the County Recorder a statement by the City Clerk of the amount due and
unpaid and describing the property subject to the lien. Any such lien is:

(1) Coequal with the latest lien upon the
property to secure the payment of general taxes.

(2) Not subject to extinguishment by the sale of
any property on account of the nonpayment of general taxes.

(3) Prior and superior to all liens, claims,
encumbrances and titles other than the liens of assessments and general taxes.

2. The City Council:

(a) Shall not sell telecommunications service to the
general public.

(b) May purchase or construct facilities for providing
telecommunications that intersect with public rights-of-way if the governing
body:

(1) Conducts a study to evaluate the costs and
benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study
that the purchase or construction is in the interest of the general public.

3. Any information relating to the study conducted
pursuant to subsection 2 must be maintained by the City Clerk and made
available for public inspection during the business hours of the Office of the
City Clerk.

4. Notwithstanding the provisions of paragraph (a) of
subsection 2, an airport may sell telecommunications service to the general
public.

5. As used in this section:

(a) Telecommunications has the meaning ascribed to it
in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

(b) Telecommunications service has the meaning
ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16,
1997.

Sec. 53. Section 2.090 of the Charter of the City
of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by
chapter 465, Statutes of Nevada 2003, at page 2900, is hereby amended to
read as follows:

Sec. 2.090 Powers of City Council: General areas. The
City Council may exercise any power specifically granted in this Charter or by
any of the provisions of Nevada Revised Statutes not in conflict with this
Charter, in order to:

1. Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, license
all businesses, trades and professions for purposes of regulation and revenue.

2. Enact and enforce fire ordinances.

3. Regulate the construction and maintenance of any
building or other structure within the City.

4. Provide for safeguarding of public health in the
City.

5. Zone and plan the City, including the regulation of
subdivision of land, as prescribed by chapter 278 of NRS.

11. Regulate, prescribe the location for, prohibit or
suppress gaming of all kinds.

Sec. 54. Section 2.150 of the Charter of the City
of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter
465, Statutes of Nevada 2003, at page 2901, is hereby amended to read as
follows:

Sec. 2.150 Powers of Board of Councilmen: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The Board of Councilmen may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue
upon all businesses, trades and professions.

2. No person licensed by an agency of the State of
Nevada to practice any trade or profession except gaming may be denied a
license to conduct his profession.

3. The Board of Councilmen may establish any equitable
standard to be used in fixing license taxes required to be collected pursuant
to this section.

Sec. 55. Section 2.140 of the Charter of the City
of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter
465, Statutes of Nevada 2003, at page 2901, is hereby amended to read as
follows:

Sec. 2.140 Powers of City Council: Licensing,
regulation and prohibition of businesses, trades and professions.

1. The City Council may:

(a) Except as otherwise provided in NRS 598D.150[,]and section 8 of this act, regulate
all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue
upon all businesses, trades and professions.

2. The City Council may establish any equitable
standard to be used in fixing license taxes required to be collected pursuant
to this section.

Sec. 56. 1. Notwithstanding the provisions of
sections 2 to 34, inclusive, of this act and except as otherwise provided in
subsection 3, the Board of Massage Therapists may issue a license to practice
massage therapy to an applicant, without regard to whether the applicant meets
the requirements set forth in section 19 of this act, if the applicant:

(a) Holds a current license
to practice massage therapy issued before July 1, 2007, by a county, city or
town of this State that regulates the practice of massage therapy; and

(b) Applies to the Board
for a license before July 1, 2007.

2. An applicant who
applies for a license from the Board pursuant to subsection 1 must submit to
the Board:

(a) A completed application
on a form prescribed by the Board;

(b) The fees prescribed by
the Board pursuant to section 25 of this act; and

(c) A notarized statement
signed by the applicant that states:

(1) Whether any
disciplinary proceedings relating to his license to practice massage therapy
have at any time been instituted against him; and

(2) Whether he has
been arrested or convicted, within the 10 years immediately preceding
submission of the application, for any crime involving violence, prostitution
or any other sexual offense.

3. If an applicant applies
for a license from the Board pursuant to subsection 1 and the applicant does
not have a criminal background investigation approved by a local law
enforcement agency, the applicant must:

(a) Submit a complete set
of fingerprints and written permission authorizing the Board to forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report; and

(b) Submit to a background
investigation conducted pursuant to section 19 of this act.

4. A license issued by the
Board pursuant to subsection 1 shall be deemed to be a license issued by the
Board pursuant to section 19 of this act.

5. A person who is
licensed to practice massage therapy by a county, city or town in this State
before July 1, 2007, must, if the person wishes to
continue to practice massage therapy on and after July 1, 2007, hold a license
to practice massage therapy issued by the Board.

continue to practice massage
therapy on and after July 1, 2007, hold a license to practice massage therapy
issued by the Board.

6. Until July 1, 2007, if
a person is licensed to practice massage therapy by a county, city or town in
this State but the person does not hold a license to practice massage therapy
issued by the Board, the person shall comply with:

(a) All ordinances and
regulations of the county, city or town relating to the practice of massage
therapy; and

(b) The provisions of
sections 2 to 18, inclusive, 22, 23 and 25 to 34, inclusive, of this act.

Sec. 57. 1. As
soon as practicable, the Governor shall appoint to the Board of Massage
Therapists pursuant to sections 9 and 10 of this act:

(a) Two members whose terms
expire on June 30, 2007;

(b) Three members whose
terms expire on June 30, 2008;

(c) Two members whose terms
expire on June 30, 2009; and

(d) One nonvoting advisory
member whose term expires on June 30, 2009,

Κ
except that no member may begin serving a term sooner than July 1, 2005.

2. Notwithstanding the
provisions of section 9 of this act, each massage therapist who is appointed to
the Board of Massage Therapists to an initial term pursuant to subsection 1 is
not required to hold a license issued pursuant to sections 2 to 34, inclusive,
of this act at the time of appointment but must be eligible for such a license
at the time of appointment.

Sec. 58. 1. This
act becomes effective upon passage and approval for the purposes of:

(a) The Governor appointing
members to the Board of Massage Therapists; and

(b) The Board and its
members and employees performing any organizational, preparatory or preliminary
administrative tasks that are necessary to carry out the provisions of this
act,

Κ
and on October 1, 2005, for all other purposes.

2. Sections 22 and 23 of
this act expire by limitation on the date on which the provisions of 42 U.S.C.
§ 666 requiring each state to establish procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational or recreational licenses of persons who:

(a) Have failed to comply
with a subpoena or warrant relating to a proceeding to determine the paternity
of a child or to establish or enforce an obligation for the support of a child;
or

(b) Are in arrears in the
payment for the support of one or more children,

Κ are repealed by
the Congress of the United States.

________

CHAPTER 326, SB 189

Senate Bill No. 189Committee on Transportation and
Homeland Security

CHAPTER 326

AN ACT relating to
vehicles; making various changes relating to franchises for sales of vehicles;
and providing other matters properly relating thereto.

482.36354 1. A manufacturer or distributor shall not
modify the franchise of a dealer or replace the franchise with another
franchise if the modification or replacement would have a substantially adverse
effect upon the dealers investment or his obligations to provide sales and
service, unless:

(a) The manufacturer or distributor has given written
notice of its intention to the Director and the dealer affected by the intended
modification or replacement; and

(b) Either of the following conditions occurs:

(1) The dealer does not file a protest with the
Director within 30 days after receiving the notice; or

(2) After a protest has been filed with the
Director and the Director has conducted a hearing, the Director issues an order
authorizing the manufacturer or distributor to modify or replace the franchise.

2. The notice required by [this section]subsection 1 must be
given to the dealer and to the Director at least 60 days before the date on
which the intended action is to take place.

3. If a
manufacturer or distributor changes the area of primary responsibility of a
dealer, the change constitutes a modification of the franchise of the dealer
for the purposes of NRS 482.36311 to 482.36425, inclusive. As used in this
subsection, area of primary responsibility means the geographic area in which
a dealer, pursuant to a franchise agreement, is responsible for selling,
servicing and otherwise representing the products of a manufacturer or
distributor.

Sec. 2. NRS 482.3638 is hereby amended to
read as follows:

482.3638 It is an unfair act or practice for any
manufacturer, distributor or factory branch, directly or through any
representative, to:

1. Require a dealer to agree to a release, assignment,
novation, waiver or estoppel which purports to relieve any person from
liability imposed by this chapter, or require any controversy between a dealer
and a manufacturer, distributor or representative to be referred to any person
or agency except as set forth in this chapter if that referral would be binding
on the dealer, except that this section does not prevent the parties from
mutually agreeing to arbitration pursuant to law.

2. Require a dealer to agree to the jurisdiction,
venue or tribunal in which a controversy arising under the provisions of the
franchise agreement may or may not be submitted for resolution, or prohibit a
dealer from bringing an action in any forum allowed by Nevada law.

3. Require
a dealer to agree to a term or condition of a franchise agreement which
violates any provision of NRS 482.36311 to 482.36425, inclusive.

4. Require
a dealer to waive a trial by jury in actions involving the manufacturer,
distributor or factory branch.

[4.] 5. Increase prices of new vehicles whichthe
dealer had ordered for private retail consumers before his receipt of the
written official notification of a price increase. A sales contract signed by a
retail consumer constitutes evidence of each order.

evidence of each order. Price changes applicable to new
models or series of vehicles at the time of the introduction of the new models
or series shall not be deemed a price increase. Price changes caused by:

(a) The addition to a vehicle of equipment formerly
optional as standard or required equipment pursuant to state or federal law;

(b) Revaluation of the United States dollar in the case
of foreign-made vehicles; or

(c) Transportation cost increases,

Κ are not
subject to this subsection.

[5.] 6. Deny the principal owner the opportunity
to designate his spouse, a member of his family, a qualified manager, or a
trust or other artificial person controlled by any of them as entitled to
participate in the ownership of:

(a) The franchised dealership;

(b) A successor franchised dealership for 2 years or a
longer reasonable time after the incapacity of the principal owner; or

(c) A successor franchised dealership after the death
of the principal in accordance with NRS 482.36396 to 482.36414, inclusive.

[7.] 8. Terminate or refuse to approve a transfer
of a franchise for a dealership, or honor the right of succession set forth in
a franchise agreement or refuse to approve the transfer of a controlling
interest in a dealership because the dealer has, before October 1, 1997,
established an additional franchise to sell or service another line or make of
new vehicles in the same facility as the existing dealership.

[8.] 9. Prevent a dealer from establishing, on or
after October 1, 1997, an additional franchise to sell or service another line
or make of new vehicles in the same facility as the existing dealership if the
dealer:

(a) Submits a written request for approval of the
additional franchise to the manufacturer, distributor or factory branch of the
existing dealership;

(b) Complies with the reasonable requirements for
approval set forth in the franchise of the existing dealership; and

(c) Obtains the approval of the manufacturer,
distributor or factory branch of the existing dealership.

Κ The
manufacturer, distributor or factory branch shall notify the dealer in writing
of its decision to approve or deny the request within 90 days after receipt of
the request. The manufacturer, distributor or factory branch shall not
unreasonably withhold its approval. If the request is denied, the material
reasons for the denial must be stated. Failure to approve or deny the request,
in writing, within 90 days has the effect of approval.

Sec. 3. NRS 482.36385 is hereby amended to
read as follows:

482.36385 It is an unfair act or practice for any
manufacturer, distributor or factory branch, directly or through any
representative, to:

1. Compete with a dealer. A manufacturer or
distributor shall not be deemed to be competing when operating a previously
existing dealership temporarily for a reasonable period, or in a bona fide
retail operation which is for sale to any qualified person at a fair and reasonable
price, or in a bona fide relationship in which a person has made a significant
investment subject to loss in the dealership and can reasonably expect to
acquire full ownership of the dealership on reasonable terms and conditions.

2. Discriminate unfairly among its dealers, or fail
without good cause to comply with franchise agreements, with respect to warranty
reimbursement or authority granted to its dealers to make warranty adjustments
with retail customers.

3. Fail to compensate a dealer fairly for the work and
services which he is required to perform in connection with the delivery and
preparation obligations under any franchise, or fail to compensate a dealer
fairly for labor, parts and other expenses incurred by him under the
manufacturers warranty agreements. The manufacturer shall set forth in writing
the respective obligations of a dealer and the manufacturer in the preparation
of a vehicle for delivery, and as between them a dealers liability for a
defective product is limited to his obligation so set forth. Fair compensation
includes diagnosis and reasonable administrative and clerical costs. The
dealers compensation for parts and labor to satisfy a warranty must not be
less than the amount of money charged to its various retail customers for parts
and labor that are not covered by a warranty. If parts are supplied by the
manufacturer, including exchanged parts and assembled components, the dealer is
entitled with respect to each part to an amount not less than his normal retail
markup for the part. This subsection does not apply to compensation for any
part, system, fixture, appliance, furnishing, accessory or feature of a motor
home or recreational vehicle that is designed, used and maintained primarily
for nonvehicular, residential purposes.

4. Fail to pay all claims made by dealers for
compensation for delivery and preparation work, transportation claims, special
campaigns and work to satisfy warranties within 30 days after approval, or fail
to approve or disapprove such claims within 30 days after receipt, or
disapprove any claim without notice to the dealer in writing of the grounds for
disapproval. Failure to approve or disapprove or to pay within the specified
time limits in an individual case does not constitute a violation of this
section if the failure is because of reasons beyond the control of the
manufacturer, distributor or factory branch.

5. Sell a new vehicle to a person who is not licensed
as a new vehicle dealer under the provisions of this chapter.

6. Use false, deceptive or misleading advertising or
engage in deceptive acts in connection with the manufacturers or distributors
business.

7. Perform an audit to confirm a warranty repair,
sales incentive or rebate more than 12 months after the date of the
transaction.

8. Prohibit or
prevent a dealer from appealing the results of an audit to confirm a warranty
repair, sales incentive or rebate, or to require that such an appeal be
conducted at a location other than the dealers place of business.

Sec. 4. NRS 482.36423 is hereby amended to
read as follows:

482.36423 1. Whenever it appears that a person has
violated, is violating or is threatening to violate any provision of NRS
482.36311 to 482.36425, inclusive, any person aggrieved thereby may apply to
the district court in the county where the defendant resides, or in the county
where the violation or threat of violation occurs, for injunctive relief to
restrain the person from continuing the violation or threat of violation.

2. In addition to any other judicial relief, any
dealer or person who assumes the operation of a franchise pursuant to NRS
482.36396 to 482.36414, inclusive, who is injured in his business or property
by reason of a violation of NRS 482.36311 to 482.36425, inclusive, may bring an
action in the district court in which the dealership is
located, and may recover three times the pecuniary loss sustained by him, and
the cost of suit, including a reasonable attorneys fee.

in the district court in which the dealership is located, and
may recover three times the pecuniary loss sustained by him, and the cost of
suit, including a reasonable attorneys fee. The amount of pecuniary loss
sustained by a dealer, pursuant to subsection [6]7 of NRS 482.3638, is the
fair market value of the franchised dealership at the time of notification of
termination, refusal to continue or unilateral modification of a franchise.

3. Any artificial person created and existing under
the laws of any other state, territory, foreign government or the government of
the United States, or any person residing outside the State, who grants a
franchise to any dealer in this State may be served with any legal process in
any action for injunctive relief or civil damages in the following manner:

(a) By delivering a copy of the process to the
Director; and

(b) By mailing to the last known address of the
manufacturer or distributor, by certified mail, return receipt requested, a
copy of the summons and a copy of the complaint, together with copies of any petition
or order for injunctive relief.

4. The defendant has 30 days, exclusive of the day of
service, within which to answer or plead.

5. The method of service provided in this section is
cumulative and may be utilized with, after or independently of all other
methods of service.

________

CHAPTER 327, AB 255

Assembly Bill No. 255Assemblywoman Kirkpatrick (by
request)

CHAPTER 327

AN ACT relating to
taxation; expanding the circumstances under which the Department of Motor
Vehicles may order the locking and sealing of a business; prohibiting a
retailer or other person from selling or distributing dyed special fuel unless
he controls the access to the dyed special fuel; requiring the retailer or
other person to approve each purchaser of dyed special fuel; requiring the
preservation of certain records; authorizing the Department of Motor Vehicles
to take certain disciplinary action; authorizing the Department to adopt
regulations that require the electronic filing of certain tax returns;
providing penalties; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
360A.030 is hereby amended to read as follows:

360A.030 1. If a person [continues] :

(a) Continues
to engage in business in this State without a permit or license as required by
chapter 365 or 366 of NRS, or after the license or permit has been suspended or
revoked [,] ;

(b) Knowingly
sells at retail any fuel that is subject to taxation pursuant to chapter 365 or
366 of NRS for which the tax imposed by chapter 365 or 366 of NRS is not
remitted; or

(c) Sells
or otherwise distributes dyed special fuel in violation of section 7 of this
act,

Κ the
Department may, after providing notice to that person, order any place of
business of the person to be locked and sealed. If notice is served by mail, it
must be addressed to the person at his address as it appears in the records of
the Department.

2. The order to lock and seal a place of business must
be delivered to the sheriff of the county in which the business is located. The
sheriff shall assist in the enforcement of the order.

Sec. 2.Chapter 365 of NRS is hereby
amended by adding thereto a new section to read as follows:

The Department
may, by regulation, establish a procedure requiring suppliers to submit tax
returns electronically when due pursuant to this chapter.

Sec. 3.Chapter 366 of NRS is hereby
amended by adding thereto the provisions set forth as sections 4 to 7,
inclusive, of this act.

Sec. 4.Dyed special fuel means special fuel which, in accordance
with subsection 1 of NRS 366.203, must be dyed before it is removed for
distribution from the rack.

Sec. 5.Retail station means any fixed facility or location that:

1. Operates in
the retail business of selling or handling fuel; or

2. Dispenses
fuel from a stationary pump or metered tank for which the access to the fuel is
not controlled.

Sec. 6.Retailer means any person, other than a dealer or
supplier, who is engaged in the business of selling or handling any special
fuel at a retail station and who delivers or authorizes the delivery of fuel
into the fuel supply tank of a motor vehicle that is not owned by that person.

Sec. 7.1. A retailer or any other person who sells or distributes
dyed special fuel shall not sell or distribute the dyed special fuel unless the
retailer or person controls the access to the dyed special fuel.

2. A retailer
or other person may sell or distribute the dyed special fuel only to a
purchaser who has been approved to purchase the dyed special fuel from the
retailer or other person. To be approved to purchase dyed special fuel from a
retailer or other person, a purchaser must provide to the retailer or other
person a written statement of acknowledgement and intended use on a form
provided by the Department and completed by the purchaser that includes:

(a) The full
name and address of the purchaser;

(b) A
description of the manner in which the purchaser intends to use the dyed
special fuel;

(c) An
attestation indicating that the purchaser:

(1) Will
only use the dyed special fuel for a purpose that is not taxable pursuant to
this chapter; and

(2) Is
aware of the penalties set forth NRS 366.735, a copy of which must be included
on the statement; and

(d) The
signature of the purchaser.

3. A retailer
or other person who sells or distributes dyed special fuel shall keep on file a
completed statement of acknowledgment and intended use for each person approved
to purchase dyed special fuel from the retailer or other person.

4. In addition
to any action that may be taken pursuant to chapter 360A of NRS, the Department
may impose on a retailer or any other
person who violates the provisions of subsection 1 an administrative fine of
not more than $10,000 for each violation.

person who violates
the provisions of subsection 1 an administrative fine of not more than $10,000
for each violation.

Sec. 8.NRS 366.020 is hereby amended
to read as follows:

366.020 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 366.025 to 366.100,
inclusive, and sections 4, 5 and 6
of this act have the meanings ascribed to them in those sections.

Sec. 9.NRS 366.140 is hereby amended
to read as follows:

366.140 1. Every special fuel supplier, special fuel
dealer, special fuel exporter, special fuel transporter ,[or]
special fuel user and retailer,
and every other person transporting or storing special fuel in this State shall
keep such records, receipts, invoices and other pertinent papers with respect
thereto as the Department requires.

2. The records, receipts, invoices and other pertinent
papers [used in the preparation of a report or return required
pursuant to this chapter] described in subsection 1 must be preserved
for 4 years after the [report or return is filed with the Department.] date on which the record, receipt,
invoice or other pertinent paper was created or generated.

3. The records, receipts, invoices and other pertinent
papers must be available at all times during business hours to the Department
or its authorized agents.

Sec. 10.NRS 366.203 is hereby amended
to read as follows:

366.203 1. Special fuel, other than compressed
natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax
pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it is removed
for distribution from a rack. The dye added to the exempt special fuel must be
of the color and concentration required by the regulations adopted by the
Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

2. Except as otherwise provided in subsections 3, 4
and 5, a person shall not operate or maintain on any highway in this State a
motor vehicle which contains dyed
special fuel in the fuel tank of that vehicle .[special fuel which has
been dyed.] A person who operates or maintains a motor
vehicle in violation of this subsection and the registered owner of the motor
vehicle are jointly and severally liable for any taxes, penalties and interest
payable to the Department.

3. A person who, pursuant to subsection 2, 3 or 4 of
NRS 366.200, is exempt from the tax imposed by this chapter may operate or
maintain a motor vehicle on a highway in this State which contains dyed special fuel in the
fuel tank of that vehicle .[special fuel which has been dyed.]

4. To the extent permitted by federal law, a person
may operate or maintain on a highway in this State any special mobile equipment
or farm equipment that contains
dyed special fuel in the fuel tank of the special mobile
equipment or farm equipment .[special fuel which has been dyed.] As
used in this subsection:

(a) Farm equipment means any self-propelled machinery
or motor vehicle that is designed solely for tilling soil or for cultivating,
harvesting or transporting crops or other agricultural products from a field or
other area owned or leased by the operator of the farm equipment and in which
the crops or agricultural products are grown, to a field, yard, silo, cellar,
shed or other facility which is:

Κ The term
includes a tractor, baler or swather or any implement used to retrieve hay.

(b) Highway does not include a controlled-access
highway as defined in NRS 484.041.

5. To the extent authorized by federal law, a person
may operate or maintain a motor vehicle on a highway in this State that
contains dyed special fuel
in the fuel tank [special fuel which has been dyed] if the
motor vehicle is used only to cross the highway to travel from one parcel of
land owned or controlled by the person to another parcel of land owned or
controlled by the person.

6. There is a rebuttable presumption that all special
fuel which [has not been dyed] is not dyed special fuel and which is sold or
distributed in this State is for the purpose of propelling a motor vehicle.

Sec. 11.NRS 366.220 is hereby amended
to read as follows:

366.220 1. Except as otherwise provided in this
chapter, it is unlawful for any:

(a) Special fuel supplier, special fuel dealer or
special fuel user to sell or use special fuel within this State unless the
special fuel supplier, special fuel dealer or special fuel user is the holder
of a special fuel suppliers, special fuel dealers or special fuel users license
issued to him by the Department.

(b) Person to be a:

(1) Special fuel exporter unless the person is
the holder of a special fuel exporters license issued to him by the
Department.

(2) Special fuel transporter unless the person
is the holder of a special fuel transporters license issued to him by the
Department.

(c) Retailer
or other person to sell or distribute dyed special fuel unless the retailer or
person controls the access to the dyed special fuel.

2. The Department may adopt regulations relating to
the issuance of any special fuel suppliers, special fuel dealers, special
fuel exporters, special fuel transporters or special fuel users license and
the collection of fees therefor.

Sec. 12.NRS 366.360 is hereby amended
to read as follows:

366.360 1. The Department shall cancel any license to
act as a special fuel supplier, special fuel dealer [or] , special fuel exporter, special fuel
transporter or special fuel user immediately upon the surrender
thereof by the holder.

2. If a surety has lodged with the Department a
written request to be released and discharged of liability, the Department
shall immediately notify the special fuel supplier or special fuel dealer who
furnished the bond, and unless he files a new bond as required by the
Department within 30 days or makes a deposit in lieu thereof as provided in NRS
366.235, the Department may cancel his license.

3. If a special fuel supplier or special fuel dealer
becomes delinquent in the payment of excise taxes as prescribed by this chapter
to the extent that his liability exceeds the total amount of bond furnished by
him, the Department may cancel his license immediately.

Sec. 13.NRS 366.383 is hereby amended
to read as follows:

366.383 1.
Each special fuel supplier shall, not later than the last day of
each month:

[1.](a) Submit to the Department a tax return
which sets forth:

[(a)] (1) The number of gallons of special fuel he
received during the previous month;

[(b)] (2) The number of gallons of special fuel he
sold, distributed or used in this State during the previous month; and

[(c)] (3) The number of gallons of special fuel he
sold, distributed or used in this State in which dye was added during the
previous month.

[2.](b) Pay to the Department the tax imposed
pursuant to NRS 366.190 on all special fuel sold, distributed or used during
the previous month for which dye was not added in the manner prescribed in this
chapter.

2. The
Department may, by regulation, establish a procedure requiring special fuel
suppliers to submit tax returns required by this section electronically.

Sec. 14.NRS 366.735 is hereby amended
to read as follows:

366.735 1.
The Department may [impose an administrative fine of the
greater of $1,000 or $10 per gallon of special fuel based on the maximum
storage capacity of the storage tank that contains the special fuel if a
person:

1.] take disciplinary action in accordance
with subsection 2 against any person who:

(a)
Sells or stores any dyed
special fuel [that has been dyed] for a use which the
person selling or storing such fuel knows, or has reason to know, is a taxable
use of the fuel;

[2.](b) Willfully alters or attempts to alter the
strength of composition of any dye in any special fuel intended to be used for
a taxable purpose; or

[3.](c) Uses dyed special fuel [that has been dyed]
for a taxable purpose.

2. For
any violation described in subsection 1, the Department may:

(a) If the
violation is a first offense, impose an administrative fine of not more than
$2,500 and suspend any license issued to that person pursuant to this chapter
for not more than 30 days;

(b) If the
violation is a second offense within a period of 4 years, impose an
administrative fine of not more than $5,000 and suspend any license issued to
that person pursuant to this chapter for not more than 60 days; and

(c) If the
violation is a third or subsequent offense within a period of 4 years, impose
an administrative fine of not more than $10,000 and revoke any license issued
to that person pursuant to this chapter.

Sec. 15.NRS
366.740 is hereby amended to read as follows:

366.740 1. Except as otherwise provided in NRS
366.735 [,]and section 7 of this act, the Department may
impose an administrative fine, not to exceed $2,500, for a violation of any
provision of this chapter, or any regulation or order adopted or issued
pursuant thereto.

2. The Department shall afford to any person fined
pursuant to this section ,[or] NRS 366.735 or section 7 of this act an opportunity for a
hearing pursuant to the provisions of NRS 233B.121.

3. All administrative fines collected by the
Department pursuant to subsection 1 ,[or] NRS 366.735 or section 7 of this act must be deposited
with the State Treasurer to the credit of the State Highway Fund.

4. In addition to any other remedy provided by this
chapter, the Department may compel compliance with any provision of this chapter
and any regulation or order adopted or issued pursuant thereto by injunction or
other appropriate remedy. The Department may institute and maintain in the name
of the State of Nevada any such enforcement proceedings.

373.080 All motor vehicle fuel taxes collected during
any month by the Department pursuant to a contract with [any county shall] a county must be
transmitted each month by the Department to [such] the county and the
Department shall , in accordance
with the terms of the contract, charge the county for the
Departments services specified in this section and in NRS 373.070 .[such amount as will
reimburse the Department for the cost to it of rendering the services.]

Sec. 17. Notwithstanding any amendatory
provisions of sections 2 and 13 of this act to the contrary, the Department of
Motor Vehicles shall not require a supplier or special fuel supplier to submit
a tax return electronically before July 1, 2006.

Sec. 18. This act becomes effective:

1. Upon passage and approval for the purpose of adopting
regulations and taking such other actions as are required to carry out the
provisions of this act; and

2. On July 1, 2005, for all other purposes.

________

CHAPTER 328, AB 154

Assembly Bill No. 154Committee on Education

CHAPTER 328

AN ACT relating to
education; requiring the State Board of Education, the board of trustees of
each school district and the principal of each public school to prepare an
annual summary of accountability information for public dissemination; revising
provisions governing the annual reports of accountability prepared by the State
Board and each school district; revising the date to determine whether public
schools that operate on certain alternative schedules have made adequate yearly
progress; revising provisions governing the annual designations of public schools
and school districts based upon yearly progress; revising the grade levels for
certain writing examinations and science examinations; requiring that fees
collected pursuant to the Private Elementary and Secondary Education
Authorization Act be deposited for credit to the appropriate account of the
Department of Education; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
385 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2. 1. The State Board shall prepare a summary
of the annual report of accountability prepared pursuant to NRS 385.3469 that
includes, without limitation, a summary of the following information for each
school district, each charter school and the State as a whole:

(a) Demographic information of pupils, including,
without limitation, the number and percentage of pupils:

(c) Be
presented in an understandable and uniform format and, to the extent
practicable, provided in a language that parents will likely understand.

3. On or
before September 7 of each year, the State Board shall:

(a) Provide for
public dissemination of the summary prepared pursuant to subsection 1 by
posting the summary on the Internet website maintained by the Department; and

(b) Submit a
copy of the summary in an electronic format to the:

(1) Governor;

(2) Committee;

(3) Bureau;

(4) Board
of Regents of the University of Nevada;

(5) Board
of trustees of each school district; and

(6) Governing
body of each charter school.

4. The board
of trustees of each school district and the governing body of each charter
school shall ensure that the parents and guardians of pupils enrolled in the
school district or charter school, as applicable, have sufficient information concerning
the availability of the summary prepared by the State Board pursuant to
subsection 1, including, without limitation, information that describes how to
access the summary on the Internet website maintained by the Department. Upon
the request of a parent or guardian of a pupil, the Department shall provide
the parent or guardian with a written copy of the summary.

5. The Department shall, in consultation with the Bureau
and the school districts, prescribe a form for the summary required by this section.

Sec. 3. 1. The board of trustees of each school
district shall prepare a summary of the annual report of accountability
prepared pursuant to NRS 385.347 on the form prescribed by the Department
pursuant to subsection 3 or an expanded form, as applicable. The summary must
include, without limitation:

(a) The information set forth in subsection 1 of
section 2 of this act, reported for the school district as a whole and for each
school within the school district;

(b) Information
on the involvement of parents and legal guardians in the education of their
children; and

(c) Other
information required by the Superintendent of Public Instruction in
consultation with the Bureau.

(b) Be
presented in an understandable and uniform format and, to the extent
practicable, provided in a language that parents will likely understand.

3. The
Department shall, in consultation with the
Bureau and the school districts, prescribe a form that contains the basic information
required by subsection 1. The board of trustees of a school district may use an
expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded
form complies with the form prescribed by the Department.

Department if the
basic information contained in the expanded form complies with the form
prescribed by the Department.

4. On or
before September 7 of each year, the board of trustees of each school district
shall:

(a) Submit the summary in an electronic format to the:

(1) Governor;

(2) State
Board;

(3) Department;

(4) Committee;

(5) Bureau; and

(6) Schools within the school district.

(b) Provide
for the public dissemination of the summary by posting a copy of the summary on
the Internet website maintained by the school district, if any. If a school
district does not maintain a website, the district shall otherwise provide for
public dissemination of the summary. The board of trustees of each school
district shall ensure that the parents and guardians of pupils enrolled in the
school district have sufficient information concerning the availability of the
summary, including, without limitation, information that describes how to
access the summary on the Internet website maintained by the school district,
if any. Upon the request of a parent or legal guardian, the school district
shall provide the parent or legal guardian with a written copy of the summary.

5. The
board of trustees of each school district shall:

(a) Report
the information required by this section for each charter school that is
located within the school district, regardless of the sponsor of the charter
school.

(b) For
the information that is reported in an aggregated format, include the data that
is applicable to the charter schools sponsored by the school district but not
the charter schools that are sponsored by the State Board.

(c) Denote
separately in the report those charter schools that are located within the
school district and sponsored by the State Board.

Sec. 4.1. The principal of each public school, including, without
limitation, each charter school, shall prepare a summary of accountability
information on the form prescribed by the Department pursuant to subsection 3
or an expanded form, as applicable. The summary must include, without
limitation:

(a) The information set forth in subsection 1 of
section 2 of this act, reported only for the school;

(b) Information
on the involvement of parents and legal guardians in the education of their
children; and

(c) Such
other information as is directed by the Superintendent of Public Instruction in
consultation with the Bureau.

2. The summary
prepared pursuant to subsection 1 must be presented in an understandable and uniform format and, to
the extent practicable, provided in a language that parents will likely
understand.

3. The Department shall, in consultation with the Bureau and the school
districts, prescribe
a form that contains the basic information required by subsection 1. The
principal of a school may use an expanded form that contains additions to the
form prescribed by the Department if the basic information contained in the
expanded form complies with the form prescribed by the Department.

(a) The principal of each public school shall submit
the summary in electronic format to the:

(1) Department;

(2) Bureau; and

(3) Board of trustees of the school district in
which the school is located.

(b) The school district in which the school is located
shall ensure that the summary is posted on the Internet website maintained by
the school, if any, or the Internet website maintained by the school district,
if any. If the summary is not posted on the website of the school or the school
district, the school district shall otherwise provide for public dissemination
of the summary.

(c) The principal of each public school shall ensure
that the parents and legal guardians of the pupils enrolled in the school have
sufficient information concerning the availability of the summary, including,
without limitation, information that describes how to access the summary on the
Internet website, if any, and how a parent or guardian may otherwise access the
summary.

(d) The
principal of each public school shall provide a written copy of the summary to
each parent and legal guardian of a pupil enrolled in the school.

Sec. 5.In addition to the designation of a public school pursuant
to NRS 385.366, the board of trustees of a school district or the Department,
as applicable, shall recognize a school as an exemplary turnaround school if the school was designated as
demonstrating need for improvement and within 3 consecutive years after the
school received that designation, the school is designated as demonstrating
exemplary achievement or high achievement.

Sec. 6. In
addition to the designation of a school district pursuant to NRS 385.3771, the
Department shall recognize a school district as an exemplary turnaround school district if the school district was designated
as demonstrating need for improvement and within 3 consecutive years after the
school district received that designation, the school district is designated as
demonstrating exemplary achievement or high achievement.

Sec. 7. NRS 385.3455 is hereby amended to
read as follows:

385.3455 As used in NRS 385.3455 to 385.391,
inclusive, and sections 2 to 6,
inclusive, of this act, unless the context otherwise requires,
the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the
meanings ascribed to them in those sections.

Sec. 8. NRS 385.3468 is hereby amended to
read as follows:

385.3468 The provisions of NRS 385.3455 to 385.391,
inclusive, and sections 2 to 6,
inclusive, of this act do not supersede, negate or otherwise
limit the effect or application of the provisions of chapters 288 and 391 of
NRS or the rights, remedies and procedures afforded to employees of a school
district under the terms of collective bargaining agreements, memoranda of
understanding or other such agreements between employees and their employers.

Sec. 9. NRS 385.3469 is hereby amended to
read as follows:

385.3469 1. The State Board shall prepare an annual
report of accountability that includes, without limitation:

(a) Information on the achievement of all pupils based
upon the results of the examinations administered pursuant to NRS 389.015 and
389.550, reported for each school district, including, without limitation, each
charter school in the district, and for this State as a whole.

(b) Except as otherwise provided in subsection 2, pupil
achievement, reported separately by gender and reported separately for the
following subgroups of pupils:

(1) Pupils who are economically disadvantaged,
as defined by the State Board;

(2) Pupils from major racial and ethnic groups,
as defined by the State Board;

(3) Pupils with disabilities;

(4) Pupils who are limited English proficient;
and

(5) Pupils who are migratory children, as
defined by the State Board.

(c) A comparison of the achievement of pupils in each
subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the
annual measurable objectives of the State Board.

(d) The percentage of all pupils who were not tested,
reported for each school district, including, without limitation, each charter
school in the district, and for this State as a whole.

(e) Except as otherwise provided in subsection 2, the
percentage of pupils who were not tested, reported separately by gender and
reported separately for the subgroups identified in paragraph (b).

(f) The most recent 3-year trend in the achievement of
pupils in each subject area tested and each grade level tested pursuant to NRS
389.015 and 389.550, reported for each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
which may include information regarding the trend in the achievement of pupils
for more than 3 years, if such information is available.

(g) Information on whether each school district has
made adequate yearly progress, including, without limitation, the name of each
school district, if any, designated as demonstrating need for improvement
pursuant to NRS 385.377 and the number of consecutive years that the school
district has carried that designation.

(h) Information on whether each public school,
including, without limitation, each charter school, has made adequate yearly
progress, including, without limitation, the name of each public school, if
any, designated as demonstrating need for improvement pursuant to NRS 385.3623
and the number of consecutive years that the school has carried that
designation.

(i) Information on the results of pupils who
participated in the examinations of the National Assessment of Educational
Progress required pursuant to NRS 389.012.

(j) The ratio of pupils to teachers in kindergarten and
at each grade level for all elementary schools, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole, and the average class size for each core
academic subject, as set forth in NRS 389.018, for each secondary school,
reported for each school district and for this State as a whole.

(k) For each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
information on the professional qualifications of
teachers employed by the school districts and charter schools, including,
without limitation:

professional qualifications of teachers employed by the
school districts and charter schools, including, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant to NRS
391.125;

(II) Providing instruction pursuant to a
waiver of the requirements for licensure for the grade level or subject area in
which the teachers are employed; or

(III) Otherwise providing instruction
without an endorsement for the subject area in which the teachers are employed;

(2) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, in this State that are not
taught by highly qualified teachers; [and]

(3) The percentage
of classes in the core academic subjects, as set forth in NRS 389.018, in this
State that are not taught by highly qualified teachers, in the aggregate and
disaggregated by high-poverty compared to low-poverty schools, which for the
purposes of this subparagraph, means schools in the top quartile of poverty and
the bottom quartile of poverty in this State [.];

(4) For each middle school, junior high school and
high school:

(I) On and after July 1, 2005, the number
of persons employed as substitute teachers for 20 consecutive days or more in
the same classroom or assignment, designated as long-term substitute teachers,
including the total number of days long-term substitute teachers were employed
at each school, identified by grade level and subject area; and

(II) On and after July 1, 2006, the
number of persons employed as substitute teachers for less than 20 consecutive
days, designated as short-term substitute teachers, including the total number
of days short-term substitute teachers were employed at each school, identified
by grade level and subject area; and

(5) For each elementary school:

(I) On and after July 1, 2005, the number
of persons employed as substitute teachers for 20 consecutive days or more in
the same classroom or assignment, designated as long-term substitute teachers,
including the total number of days long-term substitute teachers were employed
at each school, identified by grade level; and

(II)
On and after July 1, 2006, the number of persons employed as substitute
teachers for less than 20 consecutive days, designated as short-term substitute
teachers, including the total number of days short-term substitute teachers
were employed at each school, identified by grade level.

(l) The total expenditure per pupil for each school
district in this State, including, without limitation, each charter school in
the district. If this State has a financial analysis program that is designed
to track educational expenditures and revenues to individual schools, the State
Board shall use that statewide program in complying with this paragraph. If a
statewide program is not available, the State Board shall use the Departments
own financial analysis program in complying with this paragraph.

(m) The total statewide expenditure per pupil. If this
State has a financial analysis program that is designed to track educational
expenditures and revenues to individual schools, the State Board shall use that
statewide program in complying with this paragraph. If a statewide program is
not available, the State Board shall use the Departments
own financial analysis program in complying with this paragraph.

available, the State Board shall use the Departments own
financial analysis program in complying with this paragraph.

(n) For all elementary schools, junior high schools and
middle schools, the rate of attendance, reported for each school district,
including, without limitation, each charter school in the district, and for
this State as a whole.

(o) The annual rate of pupils who drop out of school in
grades 9 to 12, inclusive, reported for each school district, including,
without limitation, each charter school in the district, and for this State as
a whole, excluding pupils who:

(1) Provide proof to the school district of
successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved by
the Department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another
school.

(p) The attendance of teachers who provide instruction,
reported for each school district, including, without limitation, each charter
school in the district, and for this State as a whole.

(q) Incidents involving weapons or violence, reported
for each school district, including, without limitation, each charter school in
the district, and for this State as a whole.

(r) Incidents involving the use or possession of
alcoholic beverages or controlled substances, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(s) The suspension and expulsion of pupils required or
authorized pursuant to NRS 392.466 and 392.467, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(t) The number of pupils who are deemed habitual
disciplinary problems pursuant to NRS 392.4655, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(u) The number of pupils in each grade who are retained
in the same grade pursuant to NRS 392.033 or 392.125, reported for each school
district, including, without limitation, each charter school in the district,
and for this State as a whole.

(v) The transiency rate of pupils, reported for each
school district, including, without limitation, each charter school in the
district, and for this State as a whole. For the purposes of this paragraph, a
pupil is not a transient if he is transferred to a different school within the
school district as a result of a change in the zone of attendance by the board
of trustees of the school district pursuant to NRS 388.040.

(w) Each source of funding for this State to be used
for the system of public education.

(x) A
compilation of the programs of remedial study purchased in whole or in part
with money received from this State that are used in each school district,
including, without limitation, each charter school in the district. The
compilation must include:

(1)
The amount and sources of money received [by this State]
for programs ofremedial
[education.]study.

(2)
An identification of each program of remedial study, listed by subject area.

(y) The percentage of pupils who graduated from a high
school or charter school in the immediately preceding year and enrolled in
remedial courses in reading, writing or mathematics at a university or
community college within the University and Community College System of Nevada,
reported for each school district, including, without limitation, each charter
school in the district, and for this State as a whole.

(z) The technological facilities and equipment
available for educational purposes, reported for each school district, including,
without limitation, each charter school in the district, and for this State as
a whole.

(aa) For each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
the number and percentage of pupils who received:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(bb) The number and percentage of pupils who did not
receive a high school diploma because the pupils failed to pass the high school
proficiency examination, reported for each school district, including, without
limitation, each charter school in the district, and for this State as a whole.

(cc) The number of habitual truants who are reported to
a school police officer or local law enforcement agency pursuant to paragraph
(a) of subsection 2 of NRS 392.144 and the number of habitual truants who are
referred to an advisory board to review school attendance pursuant to paragraph
(b) of subsection 2 of NRS 392.144, reported for each school district,
including, without limitation, each charter school in the district, and for
this State as a whole.

(dd) Information on the paraprofessionals employed at
public schools in this State, including, without limitation, the charter
schools in this State. The information must include:

(1) The number of paraprofessionals employed,
reported for each school district, including, without limitation, each charter
school in the district, and for this State as a whole; and

(2) For each school district, including, without
limitation, each charter school in the district, and for this State as a whole,
the number and percentage of all paraprofessionals who do not satisfy the
qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of
this subparagraph apply to paraprofessionals who are employed in programs
supported with Title I money and to paraprofessionals who are not employed in
programs supported with Title I money.

(ee) An identification of appropriations made by the
Legislature to improve the academic achievement of pupils and programs approved
by the Legislature to improve the academic achievement of pupils.

(ff) A
compilation of the special programs available for pupils at individual schools,
listed by school and by school district, including, without limitation, each
charter school in the district.

2. A separate reporting for a subgroup of pupils must
not be made pursuant to this section if the number of pupils in that subgroup
is insufficient to yield statistically reliable information or the results
would reveal personally identifiable information about an individual pupil. The
State Board shall prescribe a mechanism for determining the minimum number of
pupils that must be in a subgroup for that subgroup to yield statistically reliable
information.

(c) Be presented in an understandable and uniform
format and, to the extent practicable, provided in a language that parents can
understand.

4. On or before September 1 of each year, the State
Board shall [provide]:

(a) Provide
for public dissemination of the annual report of accountability by posting a copy of the report on the
Internet website maintained by the Department; and [submit
a copy of]

(b) Provide
written notice that the report is available on the Internet website maintained by the
Department. The written notice must be provided to the:

[(a) Governor;

(b) Committee;

(c) Bureau;

(d)](1) Governor;

(2)
Committee;

(3)
Bureau;

(4)
Board of Regents of the University of Nevada;

[(e)](5) Board of trustees of each school district;
and

[(f)](6) Governing body of each charter school.

5. Upon
the request of the Governor, an entity described in paragraph (b) of subsection
4 or a member of the general public, the State Board shall provide a portion or
portions of the annual report of accountability.

6. As
used in this section:

(a) Highly qualified has the meaning ascribed to it
in 20 U.S.C. § 7801(23).

(b) Paraprofessional has the meaning ascribed to it in
NRS 391.008.

Sec. 10. NRS 385.347 is hereby amended to
read as follows:

385.347 1. The board of trustees of each school
district in this State, in cooperation with associations recognized by the
State Board as representing licensed personnel in education in the district,
shall adopt a program providing for the accountability of the school district
to the residents of the district and to the State Board for the quality of the
schools and the educational achievement of the pupils in the district, including,
without limitation, pupils enrolled in charter schools in the school district.
The board of trustees of [a]each school district shall [report]:

(a) Report
the information required by subsection 2 for each charter school that is located within the
school district, regardless of the sponsor of the charter school.

(b) For
the information that is reported in an aggregated format, include the data that
is applicable to the charter schools sponsored by the school district but not
the charter schools that are sponsored by the State Board.

(c) Denote
separately in the report those charter schools that are located within the
school district and sponsored by the State Board.

2. The board of trustees of each school district
shall, on or before August 15 of each year, prepare an annual report of
accountability concerning:

(b) Pupil achievement for each school in the district
and the district as a whole, including, without limitation, each charter school
in the district. The board of trustees of the district shall base its report on
the results of the examinations administered pursuant to NRS 389.015 and
389.550 and shall compare the results of those examinations for the current
school year with those of previous school years. The report must include, for
each school in the district, including, without limitation, each charter school
in the district, and each grade in which the examinations were administered:

(1) The number of pupils who took the
examinations;

(2) [An explanation of
instances in which a school was exempt from administering or a pupil was exempt
from taking an examination;

(3)]
A record of attendance for the period in which the examinations were
administered, including an explanation of any difference in the number of
pupils who took the examinations and the number of pupils who are enrolled in
the school;

[(4)](3) Except as otherwise provided in this
paragraph, pupil achievement, reported separately by gender and reported
separately for the following subgroups of pupils:

(I) Pupils who are economically
disadvantaged, as defined by the State Board;

(II) Pupils from major racial and ethnic
groups, as defined by the State Board;

(III) Pupils with disabilities;

(IV) Pupils who are limited English
proficient; and

(V) Pupils who are migratory children, as
defined by the State Board;

[(5)](4) A comparison of the achievement of pupils
in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361
with the annual measurable objectives of the State Board;

[(6)](5) The percentage of pupils who were not
tested;

[(7)](6) Except as otherwise provided in this
paragraph, the percentage of pupils who were not tested, reported separately by
gender and reported separately for the subgroups identified in subparagraph [(4);] (3);

[(8)] (7) The most recent 3-year trend in pupil
achievement in each subject area tested and each grade level tested pursuant to
NRS 389.015 and 389.550, which may include information regarding the trend in
the achievement of pupils for more than 3 years, if such information is
available;

[(9)](8) Information that compares the results of
pupils in the school district, including, without limitation, pupils enrolled
in charter schools in the district, with the results of pupils throughout this
State. The information required by this subparagraph must be provided in
consultation with the Department to ensure the accuracy of the comparison; and

[(10)](9) For each school in the district,
including, without limitation, each charter school in the district, information
that compares the results of pupils in the school with the results of pupils
throughout the school district and throughout this State. The information
required by this subparagraph must be provided in consultation with the
Department to ensure the accuracy of the comparison.

Κ A separate
reporting for a subgroup of pupils must not be made pursuant to this paragraph
if the number of pupils in that subgroup is insufficient to yield statistically
reliable information or the results would reveal personally identifiable
information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of
pupils that must be in a subgroup for that subgroup to yield statistically
reliable information.

prescribe the mechanism for determining the minimum number of
pupils that must be in a subgroup for that subgroup to yield statistically
reliable information.

(c) The ratio of pupils to teachers in kindergarten and
at each grade level for each elementary school in the district and the district
as a whole, including, without limitation, each charter school in the district,
and the average class size for each core academic subject, as set forth in NRS
389.018, for each secondary school in the district and the district as a whole,
including, without limitation, each charter school in the district.

(d) Information on the professional qualifications of
teachers employed by each school in the district and the district as a whole,
including, without limitation, each charter school in the district. The
information must include, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant to NRS
391.125;

(II) Providing instruction pursuant to a
waiver of the requirements for licensure for the grade level or subject area in
which the teachers are employed; or

(III) Otherwise providing instruction
without an endorsement for the subject area in which the teachers are employed;

(2) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, that are not taught by highly
qualified teachers; [and]

(3) The percentage of classes in the core
academic subjects, as set forth in NRS 389.018, that are not taught by highly
qualified teachers, in the aggregate and disaggregated by high-poverty compared
to low-poverty schools, which for the purposes of this subparagraph, means
schools in the top quartile of poverty and the bottom quartile of poverty in
this State [.] ;

(4) For each middle school, junior high school
and high school:

(I) On and after July 1, 2005, the number
of persons employed as substitute teachers for 20 consecutive days or more in
the same classroom or assignment, designated as long-term substitute teachers,
including the total number of days long-term substitute teachers were employed
at each school, identified by grade level and subject area; and

(II) On and after July 1, 2006, the
number of persons employed as substitute teachers for less than 20 consecutive
days, designated as short-term substitute teachers, including the total number
of days short-term substitute teachers were employed at each school, identified
by grade level and subject area; and

(5) For each elementary school:

(I) On and after July 1, 2005, the number
of persons employed as substitute teachers for 20 consecutive days or more in
the same classroom or assignment, designated as long-term substitute teachers,
including the total number of days long-term substitute teachers were employed
at each school, identified by grade level; and

(II)
On and after July 1, 2006, the number of persons employed as substitute
teachers for less than 20 consecutive days, designated as short-term substitute
teachers, including the total number of days short-term substitute teachers
were employed at each school, identified by grade level.

(e) The total expenditure per pupil for each school in
the district and the district as a whole, including, without limitation, each
charter school in the district. If this State has a financial analysis program
that is designed to track educational expenditures and
revenues to individual schools, each school district shall use that statewide
program in complying with this paragraph.

educational expenditures and revenues to individual schools,
each school district shall use that statewide program in complying with this
paragraph. If a statewide program is not available, each school district shall
use its own financial analysis program in complying with this paragraph.

(f) The curriculum used by the school district,
including:

(1) Any special programs for pupils at an
individual school; and

(2) The curriculum used by each charter school
in the district.

(g) Records of the attendance and truancy of pupils in
all grades, including, without limitation:

(1) The average daily attendance of pupils, for
each school in the district and the district as a whole, including, without
limitation, each charter school in the district.

(2) For each elementary school, middle school
and junior high school in the district, including, without limitation, each
charter school in the district that provides instruction to pupils enrolled in
a grade level other than high school, information that compares the attendance
of the pupils enrolled in the school with the attendance of pupils throughout the
district and throughout this State. The information required by this
subparagraph must be provided in consultation with the Department to ensure the
accuracy of the comparison.

(h) The annual rate of pupils who drop out of school in
grades 9 to 12, inclusive, for each such grade, for each school in the district
and for the district as a whole, excluding pupils who:

(1) Provide proof to the school district of
successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved by
the Department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another
school.

(i) Records of attendance of teachers who provide
instruction, for each school in the district and the district as a whole,
including, without limitation, each charter school in the district.

(j) Efforts made by the school district and by each
school in the district, including, without limitation, each charter school in
the district, to increase:

(1) Communication with the parents of pupils in
the district; and

(2) The participation of parents in the
educational process and activities relating to the school district and each
school, including, without limitation, the existence of parent organizations
and school advisory committees.

(k) Records of incidents involving weapons or violence
for each school in the district, including, without limitation, each charter
school in the district.

(l) Records of incidents involving the use or
possession of alcoholic beverages or controlled substances for each school in
the district, including, without limitation, each charter school in the
district.

(m) Records of the suspension and expulsion of pupils
required or authorized pursuant to NRS 392.466 and 392.467.

(n) The number of pupils who are deemed habitual
disciplinary problems pursuant to NRS 392.4655, for each school in the district
and the district as a whole, including, without limitation, each charter school
in the district.

(o) The number of pupils in each grade who are retained
in the same grade pursuant to NRS 392.033 or 392.125, for each school in the
district and the district as a whole, including, without
limitation, each charter school in the district.

and the district as a whole, including, without limitation,
each charter school in the district.

(p) The transiency rate of pupils for each school in the
district and the district as a whole, including, without limitation, each
charter school in the district. For the purposes of this paragraph, a pupil is
not transient if he is transferred to a different school within the school
district as a result of a change in the zone of attendance by the board of
trustees of the school district pursuant to NRS 388.040.

(q) Each source of funding for the school district.

(r) A
compilation of the programs of remedial study that are purchased in whole or in
part with money received from this State, for each school in the district and
the district as a whole, including, without limitation, each charter school
sponsored by the district. The compilation must include:

(1)
The amount and sources of money received for programs of remedial [education]study for each
school in the district and the district as a whole, including, without
limitation, each charter school in the district.

(2)
An identification of each program of remedial study, listed by subject area.

(s) For each high school in the district, including,
without limitation, each charter school in the district, the percentage of
pupils who graduated from that high school or charter school in the immediately
preceding year and enrolled in remedial courses in reading, writing or
mathematics at a university or community college within the University and
Community College System of Nevada.

(t) The technological facilities and equipment
available at each school, including, without limitation, each charter school,
and the districts plan to incorporate educational technology at each school.

(u) For each school in the district and the district as
a whole, including, without limitation, each charter school in the district,
the number and percentage of pupils who received:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(v) For each school in the district and the district as
a whole, including, without limitation, each charter school in the district,
the number and percentage of pupils who did not receive a high school diploma
because the pupils failed to pass the high school proficiency examination.

(w) The number of habitual truants who are reported to
a school police officer or law enforcement agency pursuant to paragraph (a) of
subsection 2 of NRS 392.144 and the number of habitual truants who are referred
to an advisory board to review school attendance pursuant to paragraph (b) of
subsection 2 of NRS 392.144, for each school in the district and for the
district as a whole.

(x) The amount and sources of money received for the
training and professional development of teachers and other educational
personnel for each school in the district and for the district as a whole,
including, without limitation, each charter school in the district.

(y) Whether the school district has made adequate
yearly progress. If the school district has been designated as demonstrating
need for improvement pursuant to NRS 385.377, the report must include a
statement indicating the number of consecutive years the school district has
carried that designation.

(z) Information on whether each public school in the
district, including, without limitation, each charter school in the district,
has made adequate yearly progress, including, without limitation:

(1) The number and percentage of schools in the
district, if any, that have been designated as needing improvement pursuant to
NRS 385.3623; and

(2) The name of each school, if any, in the
district that has been designated as needing improvement pursuant to NRS
385.3623 and the number of consecutive years that the school has carried that
designation.

(aa) Information on the paraprofessionals employed by
each public school in the district, including, without limitation, each charter
school the district. The information must include:

(1) The number of paraprofessionals employed at
the school; and

(2) The number and percentage of all
paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C.
§ 6319(c). The reporting requirements of this subparagraph apply to
paraprofessionals who are employed in positions supported with Title I money and
to paraprofessionals who are not employed in positions supported with Title I
money.

(bb) For each high school in the district, including,
without limitation, each charter school that operates as a high school,
information that provides a comparison of the rate of graduation of pupils
enrolled in the high school with the rate of graduation of pupils throughout
the district and throughout this State. The information required by this
paragraph must be provided in consultation with the Department to ensure the
accuracy of the comparison.

(cc) An identification of the appropriations made by
the Legislature that are available to the school district or the schools within
the district and programs approved by the Legislature to improve the academic
achievement of pupils.

(dd) Such other information as is directed by the
Superintendent of Public Instruction.

3. The records of attendance maintained by a school
for purposes of paragraph (i) of subsection 2 must include the number of
teachers who are in attendance at school and the number of teachers who are
absent from school. A teacher shall be deemed in attendance if the teacher is
excused from being present in the classroom by the school in which he is
employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the
professional development of the teacher; or

(b) Assignment of the teacher to perform duties for
cocurricular or extracurricular activities of pupils.

(b) Be presented in an understandable and uniform
format and , to the
extent practicable, provided in a language that parents can understand.

5. The Superintendent of Public Instruction shall:

(a) Prescribe forms for the reports required pursuant
to subsection 2 and provide the forms to the respective school districts.

(b) Provide statistical information and technical
assistance to the school districts to ensure that the reports provide
comparable information with respect to each school in
each district and among the districts throughout this State.

respect to each school in each district and among the
districts throughout this State.

(c) Consult with a representative of the:

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teacher Association;

(5) Budget Division of the Department of
Administration; and

(6) Legislative Counsel Bureau,

Κ concerning
the program and consider any advice or recommendations submitted by the
representatives with respect to the program.

6. The Superintendent of Public Instruction may
consult with representatives of parent groups other than the Nevada Parent
Teacher Association concerning the program and consider any advice or
recommendations submitted by the representatives with respect to the program.

7. On or before [April 1]August 15 of each
year, the board of trustees of each school district shall submit to [:

(a) Each]eachadvisory
board to review school attendance created in the county pursuant to NRS 392.126
the information required in paragraph (g) of subsection 2.

[(b) The Commission on Educational Technology created by NRS
388.790 the information prepared by the board of trustees pursuant to paragraph
(t) of subsection 2.]

8. On or before August 15 of each year, the board of
trustees of each school district shall:

(a) [Submit]Provide written notice that the report
required pursuant to subsection 2 is
available on the Internet website maintained by the school district, if any, or
otherwise provide written notice of the availability of the report. The written
notice must be provided to the:

(1) Governor;

(2) State Board;

(3) Department;

(4) Committee; and

(5) Bureau.

(b) Provide for public dissemination of the annual
report of accountability prepared pursuant to subsection 2 in the manner set
forth in 20 U.S.C. § 6311(h)(2)(E) by
posting a copy of the report on the Internet website maintained by the school
district, if any. If a school district does not maintain a website, the
district shall otherwise provide for public dissemination of the annual report
by providing a copy of the report to the schools in the school
district, including, without limitation, each charter school in the district,
the residents of the district, and the parents and guardians of pupils enrolled
in schools in the district, including, without limitation, each charter school
in the district.

9. Upon
the request of the Governor, an entity described in paragraph (a) of subsection
8 or a member of the general public, the board of trustees of a school district
shall provide a portion or portions of the report required pursuant to
subsection 2.

10. As
used in this section:

(a) Highly qualified has the meaning ascribed to it in
20 U.S.C. § 7801(23).

385.3613 1. [On]Except as otherwise provided in
subsection 2, on or before June 15 of each year, the Department
shall determine whether each public school is making adequate yearly progress,
as defined by the State Board pursuant to NRS 385.361.

2. On or
before June 30 of each year, the Department shall determine whether each public
school that operates on a schedule other than a traditional 9-month schedule is
making adequate yearly progress, as defined by the State Board pursuant to NRS
385.361.

3. The
determination pursuant to
subsection 1 or 2, as applicable, for a public school, including,
without limitation, a charter school sponsored by the board of trustees of the
school district, must be made in consultation with the board of trustees of the
school district in which the public school is located. If a charter school is
sponsored by the State Board, the Department shall make a determination for the
charter school in consultation with the State Board. The determination made for
each school must be based only upon the information and data for those pupils
who are enrolled in the school for a full academic year. On or before June 15 or June 30 of each year, as applicable, the
Department shall transmit:

(a) Except as otherwise provided in paragraph (b), the
determination made for each public school to the board of trustees of the
school district in which the public school is located.

(b) To the State Board the determination made for each
charter school that is sponsored by the State Board.

[2.]4. Except as otherwise provided in this
subsection, the Department shall determine that a public school has failed to
make adequate yearly progress if any subgroup identified in paragraph (b) of
subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives
established by the State Board pursuant to that section. To comply with 20
U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State
Board shall prescribe by regulation the conditions under which a school shall
be deemed to have made adequate yearly progress even though a subgroup
identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the
annual measurable objectives of the State Board.

[3.]5. In addition to the provisions of
subsection [2,]4, the Department shall determine that a
public school has failed to make adequate yearly progress if:

(a) The number of pupils enrolled in the school who
took the examinations administered pursuant to NRS 389.550 or the high school
proficiency examination, as applicable, is less than 95 percent of all pupils
enrolled in the school who were required to take the examinations; or

(b) Except as otherwise provided in subsection [4,]6, for each subgroup
of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the
number of pupils in the subgroup enrolled in the school who took the
examinations administered pursuant to NRS 389.550 or the high school
proficiency examination, as applicable, is less than 95 percent of all pupils
in that subgroup enrolled in the school who were required to take the
examinations.

[4.]6. If the number of pupils in a particular
subgroup who are enrolled in a public school is insufficient to yield
statistically reliable information:

(a) The Department shall not determine that the school
has failed to make adequate yearly progress pursuant to paragraph (b) of
subsection [3]5 based solely upon that particular subgroup.

(b) The pupils in such a subgroup must be included in
the overall count of pupils enrolled in the school who took the examinations.

Κ The State
Board shall prescribe the mechanism for determining the number of pupils that
must be in a subgroup for that subgroup to yield statistically reliable
information.

[5.]7. If an irregularity in testing
administration or an irregularity in testing security occurs at a school and
the irregularity invalidates the test scores of pupils, those test scores must [not]
be included in the scores of pupils reported for the school ,[and]
the attendance of those pupils must [not]
be counted towards the total number of pupils who took the examinations[, but]and the pupils must
be included in the total number of pupils who were required to take the
examinations. [If the pupils take an additional administration of the
examinations during the same school year, the scores of pupils on those
examinations must not be included in the scores of pupils reported for the
school.

6.]8. As used in this
section:

(a) Irregularity in testing administration has the
meaning ascribed to it in NRS 389.604.

(b) Irregularity in testing security has the meaning
ascribed to it in NRS 389.608.

Sec. 12. NRS 385.3622 is hereby amended to
read as follows:

385.3622 If the Department determines that a public
school has failed to make adequate yearly progress pursuant to subsection [3]5 of NRS 385.3613:

1. The Department or its designee shall, to the extent
money is available, monitor at the school the administration of the
examinations that are required pursuant to NRS 389.550 and ensure that all
eligible pupils who are in attendance on the day of the administration of the
examinations are given an opportunity to take the examinations until the
percentage of pupils who take the examinations is 95 percent or more of all
pupils enrolled in the school who are required to take the examinations.

2. The school is not required to adopt a program of
remedial study pursuant to NRS 385.389 and is not eligible to receive money for
remedial programs made available by legislative appropriation for the purposes
of NRS 385.389.

Sec. 13. NRS 385.366 is hereby amended to
read as follows:

385.366 1. Based upon the information received from
the Department pursuant to NRS 385.3613, the board of trustees of each school
district shall ,[designate,]
on or before July 1 of each year, issue
a preliminary designation for each public school in the school
district in accordance with the
criteria set forth in NRS 385.3623, excluding charter schools
sponsored by the State Board. The board of trustees shall make preliminary designations
for all charter schools that are sponsored by the board of trustees. The
Department shall make preliminary designations
for all charter schools that are sponsored by the State Board. The initial
designation of a school as demonstrating need for improvement must be based
upon 2 consecutive years of data and information for that school.

2. [If the board of trustees of a school district or the
Department, as applicable, determines that a public school is demonstrating
need for improvement, the board of trustees
or the Department shall issue a preliminary designation for that school on or
before July 1.]

improvement, the
board of trustees or the Department shall issue a preliminary designation for
that school on or before July 1.] Before making a final
designation for [the]a school, the board of trustees of the school
district or the Department, as applicable, shall provide the school an
opportunity to review the data upon which the [proposed]preliminary designation
is based and to present evidence in the manner set forth in 20 U.S.C. §
6316(b)(2) and the regulations adopted pursuant thereto. If the school is a
public school of the school district or a charter school sponsored by the board
of trustees, the board of trustees of the school district shall, in
consultation with the Department, make a final determination concerning the
designation for the school on August 1. If the school is a charter school
sponsored by the State Board, the Department shall make a final determination
concerning the designation for the school on August 1.

3. On or before August 1 of each year, the Department
shall provide written notice of the determinations made pursuant to NRS
385.3613 and the final designations
made pursuant to this section as follows:

(a) The determinations and final designations made for all schools in
this State to the:

(1) Governor;

(2) State Board;

(3) Committee; and

(4) Bureau.

(b) The determinations and final designations made for all schools within
a school district to the:

(1) Superintendent of schools of the school
district; and

(2) Board of trustees of the school district.

(c) The determination and final designation made for each school to the
principal of the school.

Sec. 14. NRS 385.3771 is hereby amended to
read as follows:

385.3771 1. The Department shall ,[designate,]
on or before July 1 of each year, issue
a preliminary designation for each school district pursuant to
NRS 385.377. The initial designation of a school district as demonstrating need
for improvement must be based upon 2 consecutive years of data and information
for that school district.

2. [If the Department determines that a school district is
demonstrating need for improvement, the Department shall issue a preliminary
designation for that school district on July 1.] Before
making a final designation for a school district, the Department shall provide
the school district an opportunity to review the data upon which the [proposed]preliminary designation
is based and to present evidence in the manner set forth in 20 U.S.C. §
6316(c)(5) and the regulations adopted pursuant thereto. Not later than August
1, the Department shall make a final determination concerning the designation
of the school district.

3. On or before August 1 of each year, the Department
shall provide written notice of the determinations made pursuant to NRS
385.3762 and the final designations made pursuant to this section as follows:

(a) The determinations and final designations made for all school
districts in this State to the:

(b) The determination and final designation made for a school district
to the:

(1) Superintendent of schools of the school
district; and

(2) Board of trustees of the school district.

4. On or before August 1 of each year, the Department
shall make public the results of the review of school districts pursuant to
this section and disseminate the results to school personnel, parents and
guardians, pupils and members of the general public. The publication and
distribution must be made in the manner set forth in 20 U.S.C. § 6316(c)(1) and
the regulations adopted pursuant thereto.

Sec. 15. NRS
386.605 is hereby amended to read as follows:

386.6051. On or before July 15 of each year,
the governing body of [each]a charter school that is sponsored by the board of trustees of a school
district shall submit the information concerning the charter
school that is required pursuant to subsection 2 of NRS 385.347 to the board of
trustees [of the school district in which]that sponsors the charter
school [is located, regardless of the sponsor of the charter school,]
for inclusion in the report of the school district pursuant to that section.
The information must be submitted by the charter school in a format prescribed
by the board of trustees.

2. [On or before August 15 of each year, the governing body of
each charter school shall submit the information applicable to the charter
school that is contained in the report pursuant to paragraph (t) of subsection
2 of NRS 385.347 to the Commission on Educational Technology created pursuant
to NRS 388.790.]On or before July 15 of each year, the governing body of a
charter school that is sponsored by the State Board shall submit the
information described in subsection 2 of NRS 385.347 to the Department in a
format prescribed by the Department. The Department shall forward the
information to the school district in which the charter school is located for
inclusion in the summary that is prepared by the school district pursuant to
section 3 of this act and the report that is prepared by the school district
pursuant to NRS 385.347.

3. The Legislative Bureau of Educational
Accountability and Program Evaluation created pursuant to NRS 218.5356 may
authorize a person or entity with whom it contracts pursuant to NRS 385.359 to
review and analyze information submitted by charter schools pursuant to this
section and NRS 385.357, consult with the governing bodies of charter schools
and submit written reports concerning charter schools pursuant to NRS 385.359.

Sec. 16. NRS 386.650 is
hereby amended to read as follows:

386.650 1. The Department shall establish and
maintain an automated system of accountability information for Nevada. The
system must:

(a) Have the capacity to provide and report information,
including, without limitation, the results of the achievement of pupils:

(1) In the manner required by 20 U.S.C. §§ 6301
et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and
385.347; and

(2) In a separate reporting for each subgroup of
pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

(b) Include a system of unique identification for each
pupil:

(1) To ensure that individual pupils may be
tracked over time throughout this State; and

(2) That, to the extent practicable, may be used
for purposes of identifying a pupil for both the public schools and the
University and Community College System of Nevada, if
that pupil enrolls in the System after graduation from high school;

Community College System of Nevada, if that pupil enrolls in
the System after graduation from high school;

(c) Have the capacity to provide longitudinal
comparisons of the academic achievement, rate of attendance and rate of
graduation of pupils over time throughout this State;

(d) Have the capacity to perform a variety of
longitudinal analyses of the results of individual pupils on assessments,
including, without limitation, the results of pupils by classroom and by
school;

(e) Have the capacity to identify which teachers are
assigned to individual pupils and which paraprofessionals, if any, are assigned
to provide services to individual pupils;

(f) Have the capacity to provide other information
concerning schools and school districts that is not linked to individual
pupils, including, without limitation, the designation of schools and school
districts pursuant to NRS 385.3623 and 385.377, respectively, and an
identification of which schools, if any, are persistently dangerous;

(g) Have the capacity to access financial
accountability information for each public school, including, without
limitation, each charter school, for each school district and for this State as
a whole; and

(h) Be designed to improve the ability of the
Department, school districts and the public schools in this State, including,
without limitation, charter schools, to account for the pupils who are enrolled
in the public schools, including, without limitation, charter schools.

Κ The
information maintained pursuant to paragraphs (c), (d) and (e) must not be used
for the purpose of evaluating an individual teacher or paraprofessional.

2. The board of trustees of each school district
shall:

(a) Adopt and maintain the program prescribed by the
Superintendent of Public Instruction pursuant to subsection 3 for the
collection, maintenance and transfer of data from the records of individual
pupils to the automated system of information, including, without limitation,
the development of plans for the educational technology which is necessary to
adopt and maintain the program;

(b) Provide to the Department electronic data
concerning pupils as required by the Superintendent of Public Instruction
pursuant to subsection 3; and

(c) Ensure that an electronic record is maintained in
accordance with subsection 3 of NRS 386.655.

3. The Superintendent of Public Instruction shall:

(a) Prescribe a uniform program throughout this State
for the collection, maintenance and transfer of data that each school district
must adopt, which must include standardized software;

(b) Prescribe the data to be collected and reported to
the Department by each school district and each sponsor of a charter school pursuant
to subsection 2 . [,
including, without limitation, data relating to each charter school located
within a school district regardless of the sponsor of the charter school;]

(c) Prescribe the format for the data;

(d) Prescribe the date by which each school district
shall report the data;

(e) Prescribe the date by which each charter school [located
within a school district] shall report the data to the [school
district for incorporation into the report
of the school district, regardless of the] sponsor of the charter school;

into the report
of the school district, regardless of the] sponsor of the
charter school;

(f) Prescribe standardized codes for all data elements
used within the automated system and all exchanges of data within the automated
system, including, without limitation, data concerning:

(1) Individual pupils;

(2) Individual teachers and paraprofessionals;

(3) Individual schools and school districts; and

(4) Programs and financial information;

(g) Provide technical assistance to each school
district to ensure that the data from each public school in the school
district, including, without limitation, each charter school located within the
school district, is compatible with the automated system of information and
comparable to the data reported by other school districts; and

(h) Provide for the analysis and reporting of the data
in the automated system of information.

4. The Department shall establish, to the extent
authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
§ 1232g, and any regulations adopted pursuant thereto, a mechanism by which
persons or entities, including, without limitation, state officers who are
members of the Executive or Legislative Branch, administrators of public
schools and school districts, teachers and other educational personnel, and
parents and guardians, will have different types of access to the
accountability information contained within the automated system to the extent
that such information is necessary for the performance of a duty or to the
extent that such information may be made available to the general public
without posing a threat to the confidentiality of an individual pupil.

5. The Department may, to the extent authorized by the
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
regulations adopted pursuant thereto, enter into an agreement with the
University and Community College System of Nevada to provide access to data
contained within the automated system for research purposes.

Sec. 17. NRS 386.655 is hereby amended to read
as follows:

386.655 1. The Department, the school districts and
the public schools, including, without limitation, charter schools, shall, in
operating the automated system of information established pursuant to NRS
386.650, comply with the provisions of:

(a) For all pupils, the Family Educational Rights and
Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto;
and

(b) For pupils with disabilities who are enrolled in
programs of special education, the provisions governing access to education
records and confidentiality of information prescribed in the Individuals with
Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted
pursuant thereto.

2. Except as otherwise provided in 20 U.S.C. §
1232g(b) and any other applicable federal law, a public school, including,
without limitation, a charter school, shall not release the education records
of a pupil to a person or an agency of a federal, state or local government
without the written consent of the parent or legal guardian of the pupil.

3. In addition to the record required pursuant to 20
U.S.C. § 1232g(b)(4)(A), each school district and each sponsor of a charter school shall
maintain within the automated system of information an electronic record of all persons and agencies who have requested the
education record of a pupil or obtained access to the education record of a
pupil, or both, pursuant to 20 U.S.C. § 1232g.

record of all persons and agencies who have requested the
education record of a pupil or obtained access to the education record of a
pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be
maintained and may only be disclosed in accordance with the provisions of 20
U.S.C. § 1232g. A charter school shall provide to the [school district in which
the charter school is located]sponsor of the charter school such information
as is necessary for the [school district]sponsor to carry out the provisions of this
subsection . [,
regardless of the sponsor of the charter school.]

4. The right accorded to a parent or legal guardian of
a pupil pursuant to subsection 2 devolves upon the pupil on the date on which
he attains the age of 18 years.

5. As used in this section, unless the context
otherwise requires, education records has the meaning ascribed to it in 20
U.S.C. § 1232g(a)(4).

Sec. 18.NRS 388.795 is hereby amended to
read as follows:

388.795 1. The Commission shall establish a plan for
the use of educational technology in the public schools of this State. In
preparing the plan, the Commission shall consider:

(a) Plans that have been adopted by the Department and
the school districts in this State;

(b) Plans that have been adopted in other states;

(c) The information [submitted to the
Commission by the board of trustees of each school district pursuant to
subsection 7 of]reported pursuant to paragraph (t) of subsection 2 of NRS
385.347; and

(d) Any other information that the Commission or the
Committee deems relevant to the preparation of the plan.

2. The plan established by the Commission must include
recommendations for methods to:

(a) Incorporate educational technology into the public
schools of this State;

(b) Increase the number of pupils in the public schools
of this State who have access to educational technology;

(c) Increase the availability of educational technology
to assist licensed teachers and other educational personnel in complying with
the requirements of continuing education, including, but not limited to, the
receipt of credit for college courses completed through the use of educational
technology;

(d) Facilitate the exchange of ideas to improve the
achievement of pupils who are enrolled in the public schools of this State; and

(e) Address the needs of teachers in incorporating the
use of educational technology in the classroom, including, but not limited to,
the completion of training that is sufficient to enable the teachers to
instruct pupils in the use of educational technology.

3. The Department shall provide:

(a) Administrative support;

(b) Equipment; and

(c) Office space,

Κ as is
necessary for the Commission to carry out the provisions of this section.

4. The following entities shall cooperate with the
Commission in carrying out the provisions of this section:

(a) Develop technical standards for educational
technology and any electrical or structural appurtenances necessary thereto,
including, without limitation, uniform specifications for computer hardware and
wiring, to ensure that such technology is compatible, uniform and can be
interconnected throughout the public schools of this State.

(b) Allocate money to the school districts from the Trust
Fund for Educational Technology created pursuant to NRS 388.800 and any money
appropriated by the Legislature for educational technology, subject to any
priorities for such allocation established by the Legislature.

(c) Establish criteria for the board of trustees of a
school district that receives an allocation of money from the Commission to:

(1) Repair, replace and maintain computer
systems.

(2) Upgrade and improve computer hardware and
software and other educational technology.

(3) Provide training, installation and technical
support related to the use of educational technology within the district.

(d) Submit to the Governor, the Committee and the
Department its plan for the use of educational technology in the public schools
of this State and any recommendations for legislation.

(e) Review the plan annually and make revisions as it
deems necessary or as directed by the Committee or the Department.

(f) In addition to the recommendations set forth in the
plan pursuant to subsection 2, make further recommendations to the Committee
and the Department as the Commission deems necessary.

6. The Commission may appoint an advisory committee
composed of members of the Commission or other qualified persons to provide
recommendations to the Commission regarding standards for the establishment,
coordination and use of a telecommunications network in the public schools
throughout the various school districts in this State. The advisory committee
serves at the pleasure of the Commission and without compensation unless an
appropriation or other money for that purpose is provided by the Legislature.

7. As used in this section, public school includes the
Caliente Youth Center, the Nevada Youth Training Center and any other state
facility for the detention of children that is operated pursuant to title 5 of
NRS.

Sec. 19. NRS 389.550 is hereby amended to
read as follows:

389.550 1. The State Board shall, in consultation
with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3)
and that measure the achievement and proficiency of pupils:

(a) For grades 3, 4, 5, 6, 7 and 8 in the standards of
content established by the Council for the subjects of English and mathematics.

(b) For grades 5 and 8, in the standards of content established
by the Council for the subject of science.

Κ The
examinations prescribed pursuant to this subsection must be written, developed,
printed and scored by a nationally recognized testing company.

2. In addition to the examinations prescribed pursuant
to subsection 1, the State Board shall, in consultation with the Council,
prescribe a writing examination for grades [4]5 and 8 and for the high
school proficiency examination.

3. The board of trustees of each school district and
the governing body of each charter school shall administer the examinations
prescribed by the State Board. The examinations must be:

(a) Administered to pupils in each school district and
each charter school at the same time during the spring semester, as prescribed
by the State Board.

(b) Administered in each school in accordance with
uniform procedures adopted by the State Board. The Department shall monitor the
school districts and individual schools to ensure compliance with the uniform
procedures.

(c) Administered in each school in accordance with the
plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted
pursuant to NRS 389.620 by the board of trustees of the school district in
which the examinations are administered. The Department shall monitor the
compliance of school districts and individual schools with:

(1) The plan adopted by the Department; and

(2) The plan adopted by the board of trustees of
the applicable school district, to the extent that the plan adopted by the
board of trustees of the school district is consistent with the plan adopted by
the Department.

(a) That at least one irregularity in testing
administration occurred at a school, including, without limitation, a charter
school, during 1 school year on the examinations administered pursuant to NRS
389.015, excluding the high school proficiency examination;

(b) That in the immediately succeeding school year, at
least one additional irregularity in testing administration occurred at that
school on the examinations administered pursuant to NRS 389.015, excluding the
high school proficiency examination; and

(c) Based upon the criteria set forth in subsection 5,
that the irregularities described in paragraphs (a) and (b) warrant an additional
administration of the examinations,

Κ the
Department shall notify the school and the school district in which the school
is located that the school is required to provide for an additional
administration of the examinations to pupils who are enrolled in a grade that
is required to take the examinations pursuant to NRS 389.015, excluding the
high school proficiency examination, or to the pupils the Department determines
must take the additional administration pursuant to subsection 6. The additional
administration must occur in the same school year in which the irregularity
described in paragraph (b) occurred. Except as otherwise provided in this
subsection, the school district shall pay for all costs related to the
administration of examinations pursuant to this subsection. If a charter school
is required to administer examinations pursuant to this subsection, the charter
school shall pay for all costs related to the administration of the
examinations to pupils enrolled in the charter school.

2. If the Department determines that:

(a) At least one irregularity in testing administration
occurred at a school, including, without limitation, a charter school, during 1
school year on the examinations administered pursuant to NRS 389.550;

(b) In the immediately succeeding school year, at least
one additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.550; and

(c) Based upon the criteria set forth in subsection 5,
that the irregularities described in paragraphs (a) and (b) warrant an
additional administration of the examinations,

Κ the Department
shall notify the school and the school district in which the school is located
that the school is required to provide for an additional administration of the
examinations to pupils who are enrolled in a grade that is required to take the
examinations pursuant to NRS 389.550 or to the pupils the Department determines
must take the additional administration pursuant to subsection 6. The
additional administration must occur in the same school year in which the
irregularity described in paragraph (b) occurred. The school district shall pay
for all costs related to the administration of examinations pursuant to this
subsection.

3. If the Department determines that:

(a) At least one irregularity in testing administration
occurred at a school, including, without limitation, a charter school, during 1
school year on the examinations administered pursuant to NRS 389.015, excluding
the high school proficiency examination;

(b) In the immediately succeeding school year, at least
one additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.550; and

(c) Based upon the criteria set forth in subsection 5,
that the irregularities described in paragraphs (a) and (b) warrant an
additional administration of the examinations,

Κ the
Department shall notify the school and the school district in which the school
is located that the school is required to provide for an additional
administration of the examinations to pupils who are enrolled in a grade that
is required to take the examinations pursuant to NRS 389.550 or to the pupils
the Department determines must take the additional administration pursuant to
subsection 6. The additional administration must occur in the same school year
in which the irregularity described in paragraph (b) occurred. The school
district shall pay for all costs related to the administration of examinations
pursuant to this subsection.

(a) At least one irregularity in testing administration
occurred at a school, including, without limitation, a charter school, during 1
school year on the examinations administered pursuant to NRS 389.550;

(b) In the immediately succeeding school year, at least
one additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.015, excluding the high
school proficiency examination; and

(c) Based upon the criteria set forth in subsection 5,
that the irregularities described in paragraphs (a) and (b) warrant an
additional administration of the examinations,

Κ the
Department shall notify the school and the school district in which the school
is located that the school is required to provide for an additional
administration of the examinations to pupils who are enrolled in a grade that
is required to take the examinations pursuant to NRS 389.015, excluding the
high school proficiency examination, or to the pupils the Department determines
must take the additional administration pursuant to subsection 6. The
additional administration must occur in the same school year in which the
irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of
examinations pursuant to this subsection.

pay for all costs related to the administration of
examinations pursuant to this subsection.

5. In determining whether to require a school to
provide for an additional administration of examinations pursuant to this
section, the Department shall consider:

(a) The effect of each irregularity in testing
administration, including, without limitation, whether the irregularity
required the scores of pupils to be invalidated; and

(b) Whether sufficient time remains in the school year
to provide for an additional administration of examinations.

6. If the Department determines pursuant to subsection
5 that a school must provide for an additional administration of examinations,
the Department may consider whether the most recent irregularity in testing
administration affected the test scores of a limited number of pupils and require
the school to provide an additional administration of examinations pursuant to
this section only to those pupils whose test scores were affected by the most
recent irregularity.

7. The Department shall provide as many notices
pursuant to this section during 1 school year as are applicable to the
irregularities occurring at a school. A school shall provide for additional
administrations of examinations pursuant to this section within 1 school year
as applicable to the irregularities occurring at the school.

[8. If a school is required to provide an additional
administration of examinations pursuant to NRS 385.3621 for a school year, the
school is not required to provide for an additional administration pursuant to
this section in that school year. The Department shall ensure that the
information required pursuant to paragraph (b) of subsection 3 of NRS 389.648
is included in its report for the additional administration provided by such a
school pursuant to NRS 385.3621.]

Sec. 21.NRS
394.331 is hereby amended to read as follows:

394.331 All fees collected pursuant to the provisions
of the Private Elementary and Secondary Education Authorization Act must be
deposited in the State Treasury [to the credit of the General Fund,]for credit to the appropriate account of
the Department of Education, and no fees so collected are subject
to refund. The fees to be collected by the Superintendent must accompany an
application for a license to operate or for renewal of the license, an
application for an agents permit or for renewal of the permit, or a filing for
an exemption or for renewal of the exemption, in accordance with the following
schedule:

1. The application fee for an elementary or secondary
educational institution is $300.

2. The renewal fee for an elementary or secondary
educational institution is $250.

3. The application fee for a new license by reason of
a change of ownership is $250.

Sec. 107. The high school proficiency examination that
measures the performance of pupils on the standards of content and performance
in science must first be administered to pupils enrolled in grade [11]10 in the 2007-2008
school year, who must pass the examination before the
completion of grade 12 to graduate with a standard high school diploma in the
[2008-2009] 2009-2010 school year.

examination before the completion of grade 12 to graduate
with a standard high school diploma in the [2008-2009]2009-2010 school
year.

Sec. 23. NRS 385.3621 is hereby repealed.

Sec. 24. 1. On or before August 1, 2005, the
Department of Education shall prescribe a form for the summary of
accountability information required of:

(a) The State Board of Education pursuant to section 2
of this act.

(b) The board of trustees of each school district
pursuant to section 3 of this act.

(c) The principal of each public school pursuant to section
4 of this act.

2. The Department of Education shall ensure that each
school district and public school has access to the appropriate form to ensure
compliance with the deadline for submission of the summary of accountability
information prescribed in sections 3 and 4 of this act.

Sec. 25. 1. This section and sections 11 and 24 of
this act become effective upon passage and approval.

2. Sections 2, 3 and 4 of this act become effective upon
passage and approval for the purpose of the Department of Education prescribing
forms for the summary of accountability information and on July 1, 2005, for
all other purposes.

3. Sections 1, 5 to 10, inclusive, and 12 to 23, inclusive,
of this act become effective on July 1, 2005.

________

CHAPTER 329, AB 462

Assembly Bill No. 462Committee on Ways and Means

CHAPTER 329

AN ACT relating to
elected state officers; increasing the salaries of certain constitutional
officers; providing for increases in the salaries of such officers and the
compensation of members of the Legislature; and providing other matters
properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
223.050 is hereby amended to read as follows:

223.050 1.
Until the first Monday in January [1999,]2007, the Governor
is entitled to receive an annual salary of [$90,000. From and after]$117,000. From the
first Monday in January [1999,] 2007, until the first Monday in January 2011, the
Governor is entitled to receive an annual salary of [$117,000.] $141,000.

2. On the
first Monday in January 2011 and on the first Monday of every fourth year
thereafter, the salary of the Governor must be increased by an amount equal to
the cumulative percentage increase in the salaries of the classified employees
of this State during the immediately preceding term of the Governor.

224.050 1. Until the first Monday in January [1999,]2007, the Lieutenant
Governor is entitled to receive an annual salary of [$20,000. From and after]$50,000. From the
first Monday in January [1999,]2007, until the first Monday in January 2011, the
Lieutenant Governor is entitled to receive an annual salary of [$50,000.] $60,000.

2. On the
first Monday in January 2011 and on the first Monday of every fourth year
thereafter, the salary of the Lieutenant Governor must be increased by an
amount equal to the cumulative percentage increase in the salaries of the
classified employees of this State during the immediately preceding term of the
Lieutenant Governor.

3. In
addition to the annual salary provided for in [subsection 1,] subsections 1 and 2, the
Lieutenant Governor is entitled to receive the compensation provided for a
majority of the members of the Legislature during the first 60 days of the
session and the per diem allowance and travel expenses authorized for the
members of the Legislature.

[3.] 4. In addition to the salary provided in
subsections [1 and 2,]1, 2 and 3, the Lieutenant Governor is
entitled to receive $130 for each day on which he is actually employed as
Governor and the per diem allowance and travel expenses as provided for state
officers and employees generally when acting as Governor, or when discharging
other official duties as Lieutenant Governor, at times when the Legislature is
not in session.

Sec. 3. NRS 225.050 is hereby amended to read
as follows:

225.050 1.
Until the first Monday in January [1999,] 2007, the Secretary of
State is entitled to receive an annual salary of [$62,500. From and after]$80,000. From the
first Monday in January [1999,]2007, until the first Monday in January 2011, the
Secretary of State is entitled to receive an annual salary of [$80,000.] $97,000.

2. On the
first Monday in January 2011 and on the first Monday of every fourth year
thereafter, the salary of the Secretary of State must be increased by an amount
equal to the cumulative percentage increase in the salaries of the classified
employees of this State during the immediately preceding term of the Secretary
of State.

Sec. 4. NRS 226.090 is hereby amended to read
as follows:

226.090 1.
Until the first Monday in January [1999,]2007, the State
Treasurer is entitled to receive an annual salary of [$62,500. From and after]$80,000. From the
first Monday in January [1999,] 2007, until the first Monday in January 2011, the
State Treasurer is entitled to receive an annual salary of [$80,000.] $97,000.

2. On the
first Monday in January 2011 and on the first Monday of every fourth year
thereafter, the salary of the State Treasurer must be increased by an amount
equal to the cumulative percentage increase in the salaries of the classified
employees of this State during the immediately preceding term of the State
Treasurer.

Sec. 5. NRS 227.060 is hereby amended to read
as follows:

227.060 1.
Until the first Monday in January [1999,]2007, the State
Controller is entitled to receive an annual salary of [$62,500. From and after]$80,000. From the
first Monday in January [1999,] 2007, until the first Monday in January 2011, the
State Controller is entitled to receive an annual salary of [$80,000.] $97,000.

2. On the
first Monday in January 2011 and on the first Monday of every fourth year
thereafter, the salary of the State Controller must be increased by an amount equal to the cumulative percentage
increase in the salaries of the classified employees of this State during the
immediately preceding term of the State Controller.

increased by an
amount equal to the cumulative percentage increase in the salaries of the
classified employees of this State during the immediately preceding term of the
State Controller.

Sec. 6. NRS 228.070 is hereby amended to read
as follows:

228.070 1. Until the first Monday in January [1999,]2007, the Attorney
General is entitled to receive an annual salary of [$85,000. From and after]$110,000. From the
first Monday in January [1999,]2007, until the first Monday in January 2011, the
Attorney General is entitled to receive an annual salary of [$110,000.] $133,000.

2. On the first Monday in January 2011 and on the first Monday
of every fourth year thereafter, the salary of the Attorney General must be
increased by an amount equal to the cumulative percentage increase in the
salaries of the classified employees of this State during the immediately preceding
term of the Attorney General.

3. Except
as otherwise provided in NRS 7.065, the Attorney General shall not engage in
the private practice of law.

Sec. 7. NRS
218.210 is hereby amended to read as follows:

218.210 1.
Each Senator and Assemblyman is entitled to receive as
compensation $130 per day for each day of service:

[1.](a) During any regular session, for the number
of days the Legislature is in session, or in adjournment for not more than 3
days, or the maximum number of days for which compensation for a regular
session is permitted by the Constitution, whichever is smaller; and

[2.](b) During any special session, for the number
of days the Legislature is in session or the maximum number of days for which
compensation for a special session is permitted by the Constitution, whichever
is smaller.

2. On the
first day of each term of a Senator or Assemblyman beginning on or after
November 8, 2006, the compensation of the office of the Senator or Assemblyman
must be increased by an amount equal to the cumulative percentage increase in
the salaries of the classified employees of this State during the immediately
preceding term of that office.

________

CHAPTER 330, AB 464

Assembly Bill No. 464Committee on Ways and Means

CHAPTER 330

AN ACT relating to
tobacco; making various changes regarding the sale, delivery and taxation of
cigarettes; revising the duties, rights and licensing requirements of
manufacturers, wholesale dealers and retail dealers of cigarettes; providing
additional procedures for statutory enforcement; increasing certain criminal
penalties and providing additional civil and criminal penalties; and providing
other matters properly relating thereto.

Section 1. Chapter 370 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 28,
inclusive, of this act.

Sec. 2. Cigarette
package means the individual pack, box or other container that contains a
cigarette. The term does not include a container that itself contains other
containers, such as a carton of cigarettes.

3. Meeting any
combination of the descriptions contained in subsections 1 and 2.

Sec. 4. Counterfeit
stamp means any stamp that:

1. Falsely
depicts a stamp approved by the Department or a tax stamp authorized pursuant
to the laws of any other state governing the taxation of cigarettes; or

2. Was
not sold by the Department or its agents or pursuant to the laws of any other
state governing the taxation of cigarettes.

Sec. 5. 1.Delivery sale means any sale of cigarettes, whether the
seller is located within or outside of the borders of this State, to a consumer
in this State for which:

(a) The
purchaser submits the order for the sale by means of a telephonic or other
method of voice transmission, the mail or any other delivery service, or the
Internet or any other on-line service; or

(b) The
cigarettes are delivered by mail or the use of another delivery service.

2. For
the purpose of this section, any sale of cigarettes to a natural person in this
State who does not hold a current license as a wholesale or retail dealer
constitutes a sale to a consumer.

Sec. 6. Delivery
service means any person engaged in the commercial delivery of letters,
packages or other containers.

Sec. 7. License
means a license issued pursuant to NRS 370.001 to 370.430, inclusive, and
sections 2 to 28, inclusive, of this act, that authorizes the holder to conduct
business as a manufacturer or a wholesale or retail dealer.

Sec. 12. Shipping container means a container in which cigarettes are shipped in
connection with a delivery sale.

Sec. 13. Shipping documents means bills of lading, airbills or any other
documents used to evidence an undertaking by a delivery service to deliver
letters, packages or other containers.

Sec. 14. Stamp means the indicia required to be placed on a cigarette package
that evidences payment of the taxes on cigarettes imposed pursuant to NRS
370.0751 and 370.165.

Sec. 15. 1. No license
may be issued, maintained or renewed:

(a) If the
applicant for the license or any combination of persons directly or indirectly
owning, in the aggregate, more than 10 percent of the ownership interests in
the applicant:

(1)
Owes $500 or more in delinquent cigarette taxes;

(2)
Had a license as a manufacturer or as a wholesale or retail dealer revoked by
the Department within the past 2 years;

(3)
Has been convicted of a crime relating to the sale of stolen or counterfeit
cigarettes or stamps or the receipt of stolen cigarettes;

(4)
Is a manufacturer who has:

(I)
Imported any cigarettes into the United States in violation of 19 U.S.C. §
1681a; or

(II)
Imported or manufactured any cigarettes that do not fully comply with the
Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq.; or

(5)
Is a nonparticipating manufacturer who is not in full compliance with
subsection 2 of NRS 370A.140.

(b) Unless
the applicant for the license certifies in writing, under penalty of perjury,
that the applicant will comply fully with the provisions of chapter 370A of
NRS.

2. As
used in this section:

(a) Manufacturer
of tobacco products has the meaning ascribed to it in NRS 370A.060.

(b) Nonparticipating
manufacturer means any manufacturer of tobacco products that is not a participating
manufacturer.

(c) Participating
manufacturer has the meaning ascribed to it in NRS 370A.080.

Sec. 16. The Department shall create and maintain on its Internet website and
otherwise make available for public inspection a list of all:

1. Currently
valid licenses and the identity of the licensees holding those licenses; and

2. Indian
tribes on whose reservations or colonies cigarettes or other products made from
tobacco are sold and, pursuant to NRS 370.515, from which the Department does
not collect the tax imposed by this chapter on such cigarettes or other
products made from tobacco sold on the reservations or colonies.

Κ The Department shall update the
list at least once each month.

Sec. 17. 1.Except as otherwise provided in
subsection 2 or a regulation of the Department:

(a) No
person, other than a wholesale dealer that receives unstamped cigarette
packages directly from a person who holds a current permit to engage in
business as a manufacturer or importer of cigarettes issued pursuant to 26
U.S.C. § 5713, may possess an unstamped cigarette package.

(b) Any
person who ships unstamped cigarette packages into this State other than to a
wholesale dealer who holds a current license shall first file with the
Department a notice of that shipment.

2. Subsection
1 does not apply to any common or contract carrier who is transporting
cigarettes in compliance with the provisions of NRS 370.295.

Sec. 18. 1. The Department may adopt regulations
establishing:

(a) Reporting requirements for manufacturers and
wholesale dealers; and

(b) Procedures for the electronic submission of
reports required pursuant to any reporting requirements established under
paragraph (a).

2. Any
regulations adopted pursuant to subsection 1 relating to reporting requirements
for manufacturers must provide for submission to the Department of periodic
reports of:

(a) The quantity
of cigarette packages that were distributed or shipped to another manufacturer
or to a wholesale dealer within the borders of this State during the reporting
period, and the name and address of each person to whom those products were
distributed or shipped;

(b) The
quantity of cigarette packages that were distributed or shipped to another
facility of the same manufacturer within the borders of this State during the
reporting period; and

(c) The
quantity of cigarette packages that were distributed or shipped within the
borders of this State to Indian tribes or instrumentalities of the Federal
Government during the reporting period, and the name and address of each person
to whom those products were distributed or shipped.

3. Any
regulations adopted pursuant to subsection 1 relating to reporting requirements
for wholesale dealers must provide for submission to the Department of periodic
reports of:

(a) The
inventory of stamped and unstamped cigarette packages held by the wholesale
dealer for sale or distribution within the borders of this State on hand at the
beginning of the reporting period;

(b) The
inventory of cigarette packages held by the wholesale dealer for sale or
distribution outside of the borders of this State on hand at the beginning of
the reporting period;

(c) The
quantity of stamped cigarette packages held for sale or distribution within the
borders of this State that were received by the wholesale dealer from another
person during the reporting period, and the name and address of each person
from whom those products were received;

(d) The
quantity of cigarette packages held for sale or distribution outside of the
borders of this State that were received by the wholesale dealer from another
person during the reporting period, and the name and address of each person
from whom those products were received;

(e) The
quantity of cigarette packages to which Nevada stamps were affixed that were
distributed or shipped to another wholesale dealer or to a retail dealer within
the borders of this State during the reporting period, and the name and address
of each person to whom those products were distributed or shipped;

(f) The
quantity of cigarette packages to which Nevada stamps were affixed that were
distributed or shipped to another facility of the same wholesale dealer within the borders of this State during the
reporting period;

wholesale dealer
within the borders of this State during the reporting period;

(g) The
quantity of stamped cigarette packages that were distributed or shipped within
the borders of this State to Indian tribes or instrumentalities of the Federal
Government during the reporting period, and the name and address of each person
to whom those products were distributed or shipped;

(h) The
quantity of cigarette packages held for distribution outside of the borders of
this State that were distributed or shipped outside of the borders of this
State during the reporting period;

(i) The
inventory of stamped and unstamped cigarette packages held for sale or
distribution within the borders of this State on hand at the end of the
reporting period;

(j) The
inventory of cigarette packages held for sale or distribution outside of the
borders of this State on hand at the end of the reporting period;

(k) The
number of each type of stamp on hand at the beginning of the reporting period;

(l) The
number of each type of stamp purchased or received during the reporting period;

(m) The
number of each type of stamp applied during the reporting period; and

(n) The
number of each type of stamp on hand at the end of the reporting period.

4. Any
reports required by regulations adopted pursuant to subsection 1 must be:

(a) Submitted
on forms provided by the Department; and

(b) Provided
separately for each of the facilities operated by the manufacturer or wholesale
dealer.

5. In
each report required by regulations adopted pursuant to subsection 1, the
information required must be itemized so as to disclose clearly:

(a) The
quantities of stamped and unstamped cigarettes to which the report applies; and

(b) The
brand and style of cigarettes to which the report applies.

6. The
reporting period for any reports required by regulations adopted pursuant to
subsection 1 must be for a duration of not less than 1 month and not more than
3 months.

Sec. 19. 1.A person shall not accept an
order for a delivery sale unless the person first obtains a license as a retail
dealer.

2. A
person who accepts an order for a delivery sale shall comply with all of the
requirements of this chapter and chapters 370A, 372 and 374 of NRS, and all
other laws of this State generally applicable to sales of cigarettes that occur
entirely within this State.

Sec. 20. 1.A person shall not cause the
mailing or shipment of cigarettes in connection with an order for a delivery
sale unless the person accepting the order first:

(a) Obtains
from the prospective purchaser a certification which includes:

(1)
Reliable confirmation that the purchaser is at least 18 years of age; and

(2)
A statement signed by the prospective purchaser in writing and under penalty of
perjury which:

(I)
Certifies the prospective purchasers address and date of birth;

(II)
Confirms that the prospective purchaser understands that signing another
persons name to such certification is illegal and that sales of cigarettes to
children under 18 years of age are illegal under the laws of this State; and

(III)
Confirms that the prospective purchaser desires to receive mailings from a
tobacco company.

(b) Makes
a good faith effort to verify the information contained in the certification
provided by the prospective purchaser pursuant to paragraph (a) against any
federal or commercially available database established for that purpose.

(c) Sends
to the prospective purchaser, by electronic mail or other means, a notice which
meets the requirements of subsection 2 and requests confirmation that the order
for the delivery sale was placed by the prospective purchaser.

(d) Receives
from the prospective purchaser confirmation, pursuant to the request described
in paragraph (c), that such person placed the order for the delivery sale.

(e) Receives
payment for the delivery sale from the prospective purchaser by a credit or
debit card that has been issued in that purchasers name.

2. The
notice required by paragraph (c) of subsection 1 must include:

(a) A
prominent and clearly legible statement that the sale of cigarettes to children
under 18 years of age is illegal;

(b) A
prominent and clearly legible statement that the sale of cigarettes is
restricted to persons who provide verifiable proof of age in accordance with
this section; and

(c) A
prominent and clearly legible statement that sales of cigarettes are taxable
under this chapter, and an explanation of how the tax has been or is to be paid
with respect to the delivery sale.

2. A
person who accepts an order for a delivery sale and delivers the cigarettes
without using a third-party delivery service shall comply with all the
requirements of section 23 of this act applicable to a delivery service.

Sec. 22. Not later than the 10th day of each calendar month, each person who has
mailed, shipped or otherwise delivered cigarettes in connection with a delivery
sale during the previous calendar month, except a delivery service, shall
create and maintain records containing the following information relating to
every such delivery sale:

1. The
name and address of the person to whom the delivery sale was made; and

2. The
quantity and brands of cigarettes that were sold in the delivery sale.

Κ The records required by this
section must be provided to the Department at the Departments request and must
be retained for not less than 3 years after the date of the applicable
transaction unless the Department, in writing, authorizes the records to be
removed or destroyed at an earlier time.

Sec. 23. 1.Except as otherwise provided in
subsection 2, a delivery service shall:

(a) Before
delivering a shipping container in connection with a delivery sale:

(1)
Ensure that the shipping documents include the documents required by paragraph
(c) of subsection 1 of section 21 of this act; and

(2)
Obtain the evidence required by paragraph (b) of subsection 1 of section 21 of
this act regarding the cigarettes in the shipping container.

(b) When
delivering a shipping container in connection with a delivery sale, require:

(1)
The purchaser placing the order for the delivery sale, or an adult designated
by that purchaser, to sign to accept delivery of the shipping container; and

(2)
Proof, in the form of valid identification that was issued by a governmental
entity and bears a photograph of the person who signs to accept delivery of the
shipping container, demonstrating:

(I)
That the person is either the addressee or the adult designated by the
addressee; and

(II)
If the person appears to be under 27 years of age, that the person is at least
18 years of age.

2. A
delivery service is required to comply with the provisions of subsection 1 only
if the delivery service:

(a) Is
obligated to do so under a method of shipping;

(b) Delivers
any container pursuant to shipping documents containing the statement described
in paragraph (c) of subsection 1 of section 21 of this act; or

(c) Delivers
any container that the delivery service otherwise has reason to know contains
cigarettes sold pursuant to a delivery sale.

Sec. 24. In addition to any other penalty authorized by law:

1. The
Department may:

(a) Impose
a civil penalty of $1,000 on any person who knowingly:

(1)
Omits, neglects or refuses to:

(I)
Comply with any duty imposed upon him pursuant to the provisions of NRS 370.080
to 370.315, inclusive, and sections 15 to 18, inclusive, of this act; or

(II)
Do or cause to be done any of the things required pursuant to those provisions;
or

(2)
Does anything prohibited by the provisions of NRS 370.080 to 370.315,
inclusive, and sections 15 to 18, inclusive, of this act.

(b) Impose
on each person who violates any of the provisions of sections 19 to 23,
inclusive, of this act, a civil penalty of:

(1)
Not more than $1,000 for the first violation; and

(2)
Not less than $1,000 nor more than $5,000 for each subsequent violation.

2. Any
person who fails to pay any tax imposed pursuant to the provisions of NRS
370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act
within the time prescribed by law or regulation shall pay a penalty of 500
percent of the tax due but unpaid, in addition to the tax.

Sec. 25. All fixtures, equipment and other materials and personal property on the
premises of any wholesale or retail dealer who, with intent to defraud the
State:

1. Fails
to keep or make any record, return, report or inventory required pursuant to
NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this
act;

2. Keeps
or makes any false or fraudulent record, return, report or inventory required
pursuant to NRS 370.080 to 370.315, inclusive, and sections 15 to 23,
inclusive, of this act;

3. Refuses
to pay any tax imposed pursuant to NRS 370.080 to 370.315, inclusive, and
sections 15 to 23, inclusive, of this act; or

4. Attempts
in any manner to evade or defeat the requirements of NRS 370.080 to 370.315,
inclusive, and sections 15 to 23, inclusive, of this act,

Κ is subject to forfeiture pursuant
to NRS 179.1156 to 179.119, inclusive.

Sec. 26. 1.It is unlawful for a person, with
the intent to defraud the State:

(a) To
fail to keep or make any record, return, report or inventory, or keep or make
any false or fraudulent record, return, report or inventory, required pursuant
to NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this
act, or any regulations adopted for the administration or enforcement of those
provisions;

(b) To
refuse to pay any tax imposed pursuant to NRS 370.080 to 370.315, inclusive,
and sections 15 to 23, inclusive, of this act, or attempt in any manner to
evade or defeat the tax or the payment thereof;

(c) To
alter, forge or otherwise counterfeit any stamp;

(d) To
sell or possess for the purpose of sale any counterfeit stamp;

(e) To
have in his possession any counterfeit stamp, with the intent to use the
counterfeit stamp, knowing or having reasonable grounds to believe the stamp to
be a counterfeit stamp;

(f) To
have in his possession any stamp which he knows has been removed from any
cigarette package to which it was affixed;

(g) To
affix to any cigarette package a stamp which he knows has been removed from any
other cigarette package; or

(h) To
fail to comply with any requirement of NRS 370.080 to 370.315, inclusive, and
sections 15 to 23, inclusive, of this act.

2. A
person who violates any of the provisions of subsection 1 is guilty of a
category C felony and shall be punished as provided in NRS 193.130.

Sec. 27. 1.It is unlawful for any person
knowingly to sell or to possess for the purpose of sale any counterfeit
cigarettes. The presence of counterfeit cigarettes in a cigarette vending
machine is prima facie evidence of the purpose to sell those cigarettes.

2. A
person who violates any provision of subsection 1 is guilty of:

(a) For
the first offense involving less than 400 cigarettes, a misdemeanor.

(b) For
each subsequent offense involving less than 400 cigarettes, a category D felony
and shall be punished as provided in NRS 193.130.

(c) For
the first offense involving 400 or more cigarettes, a gross misdemeanor.

(d) For
each subsequent offense involving 400 or more cigarettes, a category C felony
and shall be punished as provided in NRS 193.130.

Sec. 28. A person who:

1. Knowingly
violates any of the provisions of sections 19 to 23, inclusive, of this act; or

2. Knowingly
and falsely submits a certification pursuant to paragraph (a) of subsection 1
of section 20 of this act in the name of another person,

Κ is guilty of a category C felony
and shall be punished as provided in NRS 193.130.

Sec. 29. NRS 370.001 is hereby amended to
read as follows:

370.001 As used in NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive, of this
act, unless the context otherwise requires, the words and terms
defined in NRS 370.005 to 370.055, inclusive, and sections 2 to 14, inclusive, of this act have
the meanings ascribed to them in those sections.

(a) Exported
from or imported into this State , or mailed, shipped, delivered, sold, exchanged,
transported, distributed or held for distribution within the borders of this
State by any person in violation of any of the provisions of this
chapter ; or [which
are, in any way,]

(b) In any
way held in the possession or constructive possession of any
person not authorized under this chapter to possess or constructively possess [these]the cigarettes.

Sec. 32. NRS 370.033 is hereby amended to
read as follows:

370.033 Retail dealer means any person , whether located within or outside of
the borders of this State, who [offers to sell cigarettes
at retail or who is engaged in selling cigarettes at retail.] sells or distributes cigarettes to a
consumer within the State.

Sec. 33. NRS 370.055 is hereby amended to
read as follows:

370.055 Wholesale dealer means:

1. Any person , whether located within or outside of the borders of this
State, who [brings]:

(a) Brings,
sends, or causes to be brought or sent into this State any unstamped cigarettes purchased from the
manufacturer or another [wholesaler, and who stores,]wholesale dealer; and

(b) Stores,
sells or otherwise disposes of [them]those cigarettes within
the State.

2. Any person who manufactures or produces cigarettes
within this State and who sells or distributes them within the State.

3. Any person , whether located within or outside of the borders of this
State, who acquires cigarettes solely for the purpose of bona
fide resale to retail dealers in
this State or to other persons in this State for the purpose of resale only.

Sec. 34. NRS 370.065 is hereby amended to
read as follows:

370.065 In order to obtain evidence of any violation
of this chapter, the Department, its agents, and all peace officers and
revenue-collecting officers of this State [shall have the right of
visitation and inspection of any]may enter and inspect, without a warrant during normal
business hours and with a warrant at any other time:

1. The
facilities and records of any manufacturer, wholesale dealer or retail dealer;
and

2. Any
other place where they may have reason to believe [unstamped]contraband cigarettes
are stored, warehoused or kept for sale. [Such visitation and
inspection shall be conducted during business hours.]

Sec. 35. NRS 370.080 is hereby amended to
read as follows:

370.080 1.
A person shall not engage in business as a wholesale dealer [of cigarettes]
in the State of Nevada unless he first secures a [wholesale or retail
cigarette dealers] license to engage in that activity from the
Department.

2. A
person shall not engage in business as a retail dealer in the State of Nevada
unless he first secures a license to engage in that activity from the
Department.

3. A
manufacturer shall not sell any cigarettes to a wholesale dealer in the State
of Nevada unless he first secures a license to engage in that activity from the
Department.

4. A
separate license is required to engage in each of the activities described in
this section.

Sec. 36. NRS 370.100 is hereby amended to
read as follows:

370.100 An application for a [cigarette dealers]
license must:

1. Be made to the Department on forms prescribed by
the Department.

2. Include the name and address of the applicant. If
the applicant is a firm,
association or partnership, the application must include the
names and addresses of [all partners.]each of its members. If the applicant is a
corporation, [association or other organization,] the
application must include the names and addresses of the president, vice
president, secretary and managing officer or officers.

3. Specify the location, by street and number, of the principal place of business of the
applicant and of the premises for which the license is sought.

4. [Be]Specify any other information the Department may require.

5. Except
as otherwise provided in NRS 370.001 to 370.430, inclusive, and sections 2 to
28, inclusive, of this act, be accompanied by the required
license fee.

2. No
retailer, retail cigarette dealer or cigarette vending machine operator shall
purchase any cigarettes from other than a Nevada licensed wholesale cigarette
dealer.]
anywhere within the borders of this State to a wholesale dealer who holds a
current license.

(b) Wholesale
dealer authorizes the holder thereof to:

(1)
Purchase cigarettes from any manufacturer or wholesale dealer who holds a
current license; or

(2)
Sell cigarettes anywhere within the borders of this State to any Indian tribe
listed by the Department pursuant to section 16 of this act or any wholesale or
retail dealer who holds a current license.

(c) Retail
dealer authorizes the holder thereof to:

(1)
Purchase cigarettes from any wholesale dealer who holds a current license; or

(2)
Sell cigarettes anywhere within the borders of this State to any consumer.

2. No
person who holds a current license as a:

(a) Manufacturer
may sell cigarettes within the borders of this State to any person other than a
wholesale dealer who holds a current license.

(b) Wholesale
or retail dealer may purchase cigarettes for sale within the borders of this
State or sell cigarettes within the borders of this State except as authorized
pursuant to subsection 1.

Sec. 38. NRS 370.150 is hereby amended to
read as follows:

370.150 1. Each license issued by the Department is valid only for the
calendar year for which it is issued, and must be renewed annually.

2. The
Department shall not charge any license
fees for a manufacturers or retail
[cigarette] dealers license.

[2.]3. An annual license fee of $150 [shall]must be charged for
each wholesale [cigarette] dealers license. If [any
license, other than the renewal of a delinquent license,]such a license is issued
at any time during the year other than on January 1, except for the renewal of a delinquent license pursuant to
subsection 5, the licensee shall pay a proportionate part of the
annual fee for the remainder of the year, but not less than 25 percent of the
annual license fee.

[3. Wholesale cigarette]

4. The
fees for a wholesale dealers license [fees]
are due and payable on January 1 of each year. If the annual license fee is not
paid by January 15, the license is cancelled automatically.

[4.]5. A wholesale [cigarette]
dealers license which is cancelled for nonpayment of the annual license fee
may be renewed at any time by the payment of the fee plus a 5 percent penalty
thereon.

Sec. 39. NRS 370.210 is hereby amended to
read as follows:

370.210 1.
A wholesale dealer whose stamping facilities are located within the borders of
this State shall affix stamps to all applicable cigarette packages received at
those stamping facilities within 20 days after receipt.

A wholesale
dealer may set aside, without affixing stamps, only that part of the stock of
the wholesale dealer that is identified for sale or distribution outside of the
borders of this State. A wholesale dealer must identify any stock to be set
aside pursuant to this subsection within 20 days after the receipt of that stock.

2. A
wholesale dealer may affix stamps only to cigarette packages that the wholesale
dealer has received directly from a person who holds a current permit to engage
in business as a manufacturer or importer of cigarettes issued pursuant to 26
U.S.C. § 5713.

3. If a
wholesale dealer maintains stocks of unstamped cigarette packages as authorized
pursuant to subsection 1, those unstamped cigarette packages must be stored
separately from stamped cigarette packages and must not be transferred by the
wholesale dealer to another facility of the wholesale dealer within the borders
of this State or to any other person within the borders of this State.

4. A
person shall not affix [cigarette revenue stamps or metered machine impressions]stamps to any [package,
packet or container of cigarettes]cigarette packages except upon the premises
described in the license of a [cigarette]wholesale dealer or upon other premises where
authorized by regulation.

Sec. 40. NRS 370.250 is hereby amended to
read as follows:

370.250 1. If any dealer in cigarettes upon which a
precollected or advance tax is required to be paid fails to file any report [to]required pursuant to NRS 370.240
with the Department or its agents on or before the date due, the
Department may suspend his license [or permit]
until the report is received and found to be correct.

2. The Department may temporarily suspend or
permanently revoke the [licenses]license of any [cigarette dealer]licensee for
violating, or causing or permitting to be violated, any of the provisions of
NRS 370.001 to 370.430, inclusive[.] , and sections 2 to 28, inclusive, of
this act, or any regulations adopted for the administration or enforcement of
any of those provisions.

3. The
Department shall permanently revoke the license of any licensee convicted of
any felony pursuant to section 27 of this act.

(a) Wholesale
dealer shall maintain [records of all cigarettes
received, sold or distributed by him. Each dealer shall also obtain and keep
receipts, freight bills, invoices and other documents necessary to substantiate
his records. Records and documents shall be kept at the dealers place of
business]copies
of invoices or equivalent documentation for each of its facilities for every
transaction in which the wholesale dealer is the seller, purchaser, consignor,
consignee or recipient of cigarettes. The invoices or documentation must
indicate the name and address of the consignor, seller, purchaser or consignee,
and the quantity by brand and style of the cigarettes involved in the
transaction.

(b) Retail
dealer shall maintain copies of invoices or equivalent documentation for every
transaction in which the retail dealer receives or purchases cigarettes at each
of its facilities. The invoices or documentation must indicate the name and
address of the wholesale dealer from whom, or the address of another facility
of the same retail dealer from which, the
cigarettes were received, and the quantity of each brand and style of the
cigarettes received in the transaction.

cigarettes were
received, and the quantity of each brand and style of the cigarettes received
in the transaction.

(c) Manufacturer
shall maintain copies of invoices or equivalent documentation for each of its
facilities for every transaction in which the manufacturer is the seller,
purchaser, consignor, consignee or recipient of cigarettes. The invoices or
documentation must indicate the name and address of the consignor, seller,
purchaser or consignee, and the quantity by brand and style of the cigarettes
involved in the transaction.

2. The
records required by this section must be preserved on the premises described in
the license of the manufacturer, wholesale dealer or retail dealer in such a
manner as to ensure permanency and accessibility for inspection at reasonable
hours by authorized personnel of the Department. With the permission of the
Department, manufacturers, wholesale dealers and retail dealers with multiple
places of business may retain centralized records, but shall transmit
duplicates of the invoices or the equivalent documentation to each place of
business within 24 hours after the request of the Executive Director or his
designee.

3. The
records required by this section must be retained for not less
than [4]3 years after the date of the transaction unless the
Department authorizes, in writing, their earlier removal or destruction.

Sec. 42. NRS 370.257 is hereby amended to
read as follows:

370.257 1.
Each manufacturer, wholesale dealer and retail dealer shall provide to the
Executive Director and his designees and to the Secretary or his designee, upon
request, access to all the reports and records required by NRS 370.001 to
370.430, inclusive, and sections 2 to 28, inclusive, of this act. The
Department at its sole discretion may share the records and reports required by
those sections with law enforcement officials of the Federal Government, this
State, other states, Indian tribes or international authorities.

2. Except
as otherwise provided in this subsection, the reports submitted by licensees
pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive,
of this act are public records. Any information contained in those reports
about quantities of cigarettes by brand must not be released to anyone other
than persons permitted access to those reports pursuant to subsection 1.

3. The
Department may audit the records of each dealer [authorized to purchase or
affix cigarette revenue stamps] to determine [that]whether the manufacturer, wholesale dealer or retail
dealer has complied with the provisions of NRS 370.001 to
370.430, inclusive[.] , and sections 2 to 28, inclusive, of
this act.

Sec. 43. NRS 370.301 is hereby amended to
read as follows:

370.301 1. If any unstamped cigarettes are consigned
to or purchased by any person in this State, such purchaser or consignee must
be a person authorized by this chapter to possess unstamped cigarettes.

2. If invoices or delivery tickets for unstamped
cigarettes are lacking, if the name or address of the consignee or purchaser is
falsified or if the purchaser or consignee is not authorized by this chapter to
possess unstamped cigarettes, the cigarettes transported [shall be]are subject to
seizure and sale under the provisions of NRS 370.270.

3. Transportation of cigarettes through this State
from a point outside this State to a point in some other state is not a
violation of this section if the person transporting the cigarettes has in his
possession adequate invoices or delivery tickets which
give the true name and address of the out-of-state seller or consignor and the
out-of-state purchaser or consignee.

delivery tickets which give the true name and address of the
out-of-state seller or consignor and the out-of-state purchaser or consignee.

4. In any case where the Department, its duly
authorized agent or any peace officer of the State has knowledge or reasonable
grounds to believe that any vehicle is transporting cigarettes in violation of
this [section,]chapter, the Department, agent or peace
officer may stop the vehicle and inspect it for [unstamped]contraband cigarettes.

Sec. 44. NRS 370.380 is hereby amended to
read as follows:

370.380 1. It is unlawful for a person, with the
intent to defraud the State:

(a) To alter, forge or counterfeit any license, stamp
or cigarette tax meter impression provided for in this chapter;

(b) To have in his possession any forged,
counterfeited, spurious or altered license, stamp or cigarette tax meter
impression, with the intent to use the same, knowing or having reasonable
grounds to believe the same to be such;

(c) To have in his possession one or more cigarette
stamps or cigarette tax meter impressions which he knows have been removed from
the pieces of packages or packages of cigarettes to which they were affixed;

(d) To affix to any piece of a package or package of
cigarettes a stamp or cigarette tax meter impression which he knows has been
removed from any other piece of a package or package of cigarettes; or

(e) To have in his possession for the purpose of sale
cigarettes which do not bear indicia of the State of Nevada excise tax
stamping. Presence of the cigarettes in a cigarette vending machine is prima
facie evidence of the purpose to sell.

2. A person who violates any of the provisions of
subsection 1 is guilty of [a misdemeanor on the first offense and upon the second or
subsequent offense is guilty of] a category [D]C felony and shall
be punished as provided in NRS 193.130.

Sec. 45. NRS 370.390 is hereby amended to
read as follows:

370.390 Except as otherwise provided in NRS 370.380[,]and section 26 of this act, any
person violating any of the provisions of NRS 370.080 to [370.310, inclusive, shall
be]370.315,
inclusive, and sections 15 to 18, inclusive, of this act is guilty
of a gross misdemeanor.

Sec. 46. NRS 370.410 is hereby amended to
read as follows:

370.410 [Any]Except as otherwise provided in section
27 of this act, any person exporting, importing, possessing or
constructively possessing contraband cigarettes is guilty of a gross
misdemeanor.

Sec. 47. NRS 370.415 is hereby amended to
read as follows:

370.415 1. The Department, its agents, sheriffs
within their respective counties and all other peace officers of the State of
Nevada shall seize any counterfeit
stamps and any contraband cigarettes and machinery used to manufacture contraband cigarettes, found
or located in the State of Nevada.

2. A sheriff or other peace officer who seizes stamps, cigarettes or machinery pursuant to
this section shall provide written notification of the seizure to the
Department not later than 5 working days after the seizure. The notification
must include the reason for the seizure.

3. After consultation with the Department, the sheriff
or other peace officer shall transmit the cigarettes to the Department if:

(a) The cigarettes, except for revenue stamps or
metered machine impressions being properly affixed as required by this chapter,
comply with all state and federal statutes and regulations; and

(b) The Department approves the transmission of the
cigarettes.

4. Upon receipt of the cigarettes, the Department
shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270.

5. [If the]The sheriff or other peace officer who seizes any stamps, cigarettes or
machinery pursuant to this section shall:

(a) Destroy
the stamps and machinery; and

(b) If he does
not transmit the cigarettes to the Department, [he shall]
destroy the cigarettes.

Sec. 48. NRS 370.525 is hereby amended to read
as follows:

370.525 1. Except as otherwise provided in subsection
2, a person may institute a civil action in a court of competent jurisdiction
for appropriate injunctive relief if the person:

(a) Sells, distributes or manufactures cigarettes; and

(b) Sustains direct economic or commercial injury as a
result of a violation of [subsection 4 of NRS 370.240 or NRS 370.385.] NRS 370.080 to 370.315, inclusive, and
sections 15 to 23, inclusive, of this act, NRS 370.380, 370.385 or 370.410, or
section 26, 27 or 28 of this act.

2. Nothing in this section authorizes an action
against this State, a political subdivision of this State, or an officer,
employee or agency thereof.

Sec. 49. NRS 370.530 is hereby amended to
read as follows:

370.530 1.
The Attorney General or the district attorney of the proper county may
investigate and prosecute any civil or criminal violation of this chapter.

2. Sheriffs,
within their counties, and all other peace officers of the State of Nevada [are
charged with the duty,]shall, without further compensation, [of
assisting]assist
in the enforcement of this chapter.

Sec. 50. NRS 179.1164 is hereby amended to
read as follows:

179.1164 1. Except as otherwise provided in
subsection 2, the following property is subject to seizure and forfeiture in a
proceeding for forfeiture:

(a) Any proceeds attributable to the commission or
attempted commission of any felony.

(b) Any property or proceeds otherwise subject to
forfeiture pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857[.] or section 25 of this act.

2. Property may not, to the extent of the interest of
any claimant, be declared forfeited by reason of an act or omission shown to
have been committed or omitted without the knowledge, consent or willful
blindness of the claimant.

3. Unless the owner of real property or a mobile home:

(a) Has given the tenant notice to surrender the
premises pursuant to NRS 40.254 within 90 days after the owner receives notice
of a conviction pursuant to subsection 2 of NRS 453.305; or

(b) Shows the court that he had good cause not to evict
the tenant summarily pursuant to NRS 40.254,

Κ the owner of
real property or a mobile home used or intended for use by a tenant to
facilitate any violation of the provisions of NRS 453.011 to 453.552,
inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by
NRS 453.305 have been given in connection with another such violation relating
to the property or mobile home.